Research On Legal System Of Motor Vehicle Compulsory Liability Insurance

The creation and popularization of motor vehicles is like a double-blade sword which brings in large amount of traffic accidents along with the promotion of the development of human society. Along with sever personal injury and property losses, traffic accidents also destroy the stability of normal production and life order. Especially when the victims' losses cannot be compensated effectively because the responsible party lacks of ability to compensate, the nature of traffic accident has developed from infringement damage compensation between individuals into a serious social problem which influences the stability and harmony of the society.Motor vehicle compulsory liability insurance is a compulsory commercial insurance which holds the policy aim of guaranteeing the timely and effective compensation for the third party victim in traffic accident and takes the traffic accident compensation liability for damages caused by the insured motor vehicle as insurance object. It possesses systemic advantages including protecting the interest of the third party victim in traffic accidents, transferring traffic accident loss, and preventing traffic accident occurrence, and etc. It is the model of solving social problems with the application of marketing mechanism and commercial insurance mode.After years of hardworking, the legal system of Chinese motor vehicle compulsory insurance is becoming better and better with considerable achievement. However, due to the insufficiency of theoretical foundation and practical experiences, there are intolerable problems in the contents of the terms, logic system, system design and others which are not good for the legislative goal of ensuring timely and effective compensation for third party victims in traffic accidents.Oriented in the interest of the third party victim in traffic accident, this paper tries to analyze the shortage in the current motor vehicle compulsory liability insurance system and discusses about the legislative goal of providing timely and effective compensation for the losses of the third party victims and proposes detailed suggestions for improvement on the basis of the explanation of the fundamental theories of motor vehicle compulsory liability insurance system through methodologies including conceptual analysis, history investigation, comparative study and empirical study. It also tries to provide legislation suggestions for the improvement of this system through concluding the major contents and legislative mode of the motor vehicle compulsory liability insurance system of developed countries. Specifically, this paper is divided into the following parts:The introduction part mainly presents the research background of this paper. It demonstrates the necessity of strengthening the protection of traffic accident victims through the demonstration of the traffic accidents features in China. It probes into the status quo and limitations of existing infringement compensation system and social security system, and elaborates the systemic advantages of liability insurance system in protecting the interest of third party victim in traffic accidents.Chapter one elaborates the theoretical structure of motor vehicle compulsory liability insurance legal system comprehensively. First, it briefly introduces the theoretical origin and main content of compulsory liability insurance and testifies its legal grounds. Second, this chapter probes into the basic theories including its meaning, features, nature, value and internal legal relationship of motor vehicle compulsory liability insurance. Finally, the theoretical foundation of motor vehicle compulsory liability insurance system is demonstrated through different angles with the application of the theoretical results of ethics, sociology, and economics.Chapter two systematically studies the major content of representative foreign motor vehicle compulsory insurance system. On the basis of the introduction and analysis of the specific contents of motor vehicle compulsory liability insurance system in Germany, Japan, America, France, and China Taiwan, it points out that the legislative models'differences are the fundamental reasons that cause the differences in system design and operation mode. And further analyzes and compares the features and effects of different legislative modes. Concurrently, the above discussion about the motor vehicle compulsory liability insurance system of the above countries and districts brings the theoretical enlightenment and systemic gains to China.Chapter three points out what causes the failure in effective protection of the interest of the third party victims through an empirical study on the motor vehicle compulsory liability insurance system in China. First, it systematically reviews the history and development traits of Chinese motor vehicle compulsory liability insurance system, and concludes related experiences and lessons. Second, it systemically introduces the legislative achievements and major contents of the current motor vehicle compulsory liability insurance system in detail, picturing the structure of the entire motor vehicle compulsory liability insurance legal system. Finally, this paper probes into the urgent problems in the content of the terms and the systemic design of the current motor vehicle compulsory liability insurance system in China.Chapter four depicts the methods to improve Chinese motor vehicle compulsory liability insurance legal system in detail. Targeting the problems proposed in chapter three, it provides improving suggestions for Chinese motor vehicle compulsory liability insurance system from four angles. First, it is the selection of legislative model. It combines Chinese real situation and current status of economy and carries out feasibility analysis of different legislative models, presenting the legislative model of motor vehicle compulsory liability insurance system with Chinese characteristics. Second, it is the promotion of insurance payment system. Targeting at the problems in six aspects (i.e., the nature of insurance payment, premise, liability limits, excusatio, and balancing system) of the current motor vehicle compulsory liability insurance system, this paper orients in the interest of the third party victim and makes modifications through thorough analysis. Third, it is the strengthening of the protection system of the third party victim. The protection of the interest of the third party victim in traffic accident, as well as the overcoming of insufficiency in aspects like the range of ensured objects and basics of right of claim, is strengthened through the defining of the range of the insured, the expansion of the range of the third party victim, and the endowment of direct right to claim to the third party victim. Fourth, it is the reconstruction of social assistance funds. The predicament of possessing the same life but different assistance of the third party victims should be broken through the reconstruction of social assistance funds from aspects including function orientation, basic principles and natures, balancing mechanism and the essential conditions and objects and range of assistance. Finally, this paper proposes specific legislation modification suggestions for the current Chinese motor vehicle compulsory liability insurance legal system to provide reference for the improvement in Chinese motor vehicle compulsory liability insurance system.In the logic of this paper, the discussing method of starting from basic theory defining to legislative proposal is applied. Chapter one describes the basic theories of motor vehicle compulsory liability insurance legal system in detail and provides theoretical foundation for the protection of the interest of the third party victim in traffic accident. Chapter two systematically studies oversea motor vehicle compulsory liability insurance legal system to provide references for the protection of the interest of the third party victim in traffic accident. Chapter three probes into the major contents of the current motor vehicle compulsory liability insurance legal system, pointing out the difficulties we face in protecting the interest of the third party victim in traffic accident in China .Chapter four further testifies methods to improve Chinese motor vehicle compulsory liability insurance legal system, and proposes suggestions for solutions to protect the third party victim's interest.This paper obtains innovation in the following aspects:1. The clarification of tortious liability in the range of liability limits There is no specific stipulation on the tortious liability in the range of liability limits in the current motor vehicle compulsory liability insurance legal system, which not only violates the basic principle of motor vehicle compulsory liability insurance, but also induces heat argument on problems of legislative model and insurance nature and leads to disorder in insurance practice. The writer holds that in the range of liability limits of motor vehicle compulsory liability insurance, the insured should afford the risk responsibility within the range of liability limits, and the liability for damages of the insured can only be exempted when the loss of victim is caused by the victim himself or herself. 2. Redefine the range of the insuredMotor vehicle compulsory liability insurance takes the liability for damages and infringement of the insured in traffic accidents as insurance object. Therefore,only when the insured caused the traffic accident that does it belong to the insurance coverage of motor vehicle compulsory liability insurance, thus the third party victim would have the right to apply payments. The current stipulations and academic community both hold whether the legal driving license is issued and possessed as the definition to target the range of the insured. The wither holds that this kind of judgment makes the range of the insured too narrow and is not beneficial for the protection of the interests of the third party victims. It is suggested to judge by whether the accident causing vehicle is the insurance object, i.e., the range of the insured include all the people who cause traffic accident with (driving the insured) vehicle thus leading to liability for damages for the third party victims. Concurrently, after the entrustment of insurance benefit responsibility to the insured for third party victims, the right of subrogation for the insured who possess subjective spite would be exerted.3. Adoption of liability limits model of single limitThe current Chinese motor vehicle compulsory liability insurance adopts subentry liability limit model whose malady is that the amount of each limit amount cannot supplement each other and cannot compensate the actual losses of the third party victim in traffic accident. For example with the medical technician of the third party victims,under the subentry liability limit model, when the medical expenses are not sufficient to rescue the victim, the limit amounts of other sub-items cannot be used to supplement this amount, leaving only the person responsible for the third party victim to afford. If the person responsible is of insufficient solvency margin, life and health of the victim cannot be guaranteed. Hence, Chinese motor vehicle compulsory liability insurance system should adopt combined single limit, i.e., a maximum limit for each third party victim in each traffic accident would be set without detailed sub-division in the insurance, and the third party victim would decide which type of loss would be covered, thus providing better protection.