Comparative Study Of Compulsory Insurance Legal Regime

Regulation on Compulsory Traffic Accident Liability Insurance for Motor Vehicles includes the compulsory insurance system within such regulation base upon which the entire Traffic Accident Liability for Motor Vehicles was adjusted. Without any doubt, this is of epoch-making significance for the legislative history in China. Based on the above, this paper conducts a comparative research on the legislative history of compulsory insurance in different countries after the brief introduction and presents the concept of improving the compulsory insurance system in China on the basis of analyzing the superior or inferior stipulations in different countries.This paper consists of the following 6 chapters. Chapter 1 is the brief introduction of compulsory insurance, Including the definition, content, and function of the legal system of compulsory insurance, also analysises the relationship between compulsory insurance and compulsory no-fault insurance.Chapter 2 focuses on international comparing of the theoretical basis of the compulsory insurance. This Chapter is divided into 4 parts. From part 1 to part 3, discusses theoretical basises and practical developmens of Britian & Europe Union, US and China; the last part makes the conclusion of international comparison of the theoretical basis of the compulsory insurance, and explains the differences between the compulsory insurance and voluntary insurance, discusses the legitimacy is the theoretical basis of the compulsory insurance.Chapter 3, first of all, compares the legal systems of the motor vehicle compulsory insurance between the civil law and common law, then concludes the Features, principles and operational mechanism of motor vehicles compulsory insurance.Chapter 4 concentrates on international comparing of marine compulsory insurance. Section one introduces the basic principles of marine compulsory insurance, including the attributes of marine insurance and the System of Direct Action against Insurer under the marine compulsory insurance. Section two is about the research of relevant international conventions and the legislation in other countries which is mainly focused on the concept of marine compulsory insurance system represented in legislation. Section three discusses the operation mechanism of marine compulsory insurance under an International Comparative Perspective. Chapter 5 is about the current situation and improvement of compulsory insurance for motor vehicles in Law of The People's Republic of China on Road Traffic Safety & Regulation on Compulsory Traffic Accident Liability Insurance for Motor Vehicles.Chapter 6 touches upon the improvement of marine compulsory insurance system in China. Section one analyses the status quo of marine compulsory insurance in China, section two discusses the necessity of establishing such insurance system, section three is about the choice of Legislation Model of marine compulsory insurance in China and section four explores the legislative orientation in China.