"road Traffic Safety Law 76 Reconstruction

Instead of settling the dispute about traffic accident, the promulgation and implement of Traffic Safety Code produces more problems. It is a pity that there exists serious problem in both of the principle of infringement liability and the compulsory insurance system in seventy-sixth of Traffic Safety Code. So it is very necessary to examine and reconstruct the seventy-sixth because this item is the nuclear one in this code. At the same time, the act of Compulsory Insurance Regulations on the Third Party of Automotive Vehicle will soon be enacted, so it is also necessary to dicuss it. Apart from the preface, the dissertation is compesed of five parts. Chapter One introduces the background of seventy-sixth of Traffic Safety Code. The main content of this chapter is the legislation and practise of China and other countries which are connected with automotive vehicle accident. Chapter Two analyzes the principle of infringement liability in seventy-sixth. It points that there are three obvious flaws in seventy-sixth: the first drawback is the lack of infringement liability within the bound of compulsory insurance concerning the third party; the second defect is the short of person of liability; the third is the alteration of the regulation according to different victims while beyond the limit of insurance account. Especially overdue regulation respecting the accident happens between automotive vehicle and non-automotive vehicle or pedestrians is divorced from China's actual conditions. Chapter Three analyzes the compulsory insurance system in seventy-sixth. With regard to it, there are two faults. In other words, this item is the peculiar mixture of compulsory liability insurance and non-negligent insurance. In theory, it is unreasonable; in practice, it does not conform to the conditions in our country. Although the compulsory assurance system of the third party is adopted by Traffic Safety Code, its content is more like that of non-negligent insurance system. This seventy-sixth item not only simplifies the relationship among three parties into the one between two parties:the insurer and the victim, but also specifies that the insurance company should take the responsibility of compensation directly and absolutely. To observe further, this item uses these compulsory means to an excess as well as insufficiently. On one hand, it makes all automotive vehicles insure iboth property insurance and mental insurance. In addition, it prescribes that the insurance company should take full responsibility without any excuse. The above-mentioned imperfections violate the principles of jurisprudence and keep away from China's condition. On the other hand, it is said to be insufficient when the victim of compulsory insurance is defined as "the third party". Chapter Four describes the reflection of other regulations for seventy-sixth and reconstructs the seventy-sixth. The idea is that some legal measures ought to be taken so as to solve the serious problems existing in the seventy-sixth traffic safety code. It is not a good way to revise Traffic Safety Code through local regulations (such as Beijing City) and the Compulsory Insurance Regulations on the Third Party of Automotive Vehicle. However, those local regulations and the CIR have proved to be a reality which might leave China's automotive vehicle field in chaos that various laws and regulations set up a cacos condition. Meanwhile, it cannot be denied that the chaos at present is so closely related with the seventy-sixth traffic safety code that it is the high time to reconstruct this item. Taking all these factors (Chinese legal tradition; the bearing capability of policy holder and insurer; insurance practice for past few years) into account, the liability of fault-deducting and the compulsory liability insurance model should be adopted in China by using the successful experiences of other countries in legislation and practice for reference. Moreover, the extent of compensation ought to be limited within the bound of medical service, income loss, cost of maintenance...