Analysis Of Relevant Legal Issues Of Motor Vehicle Third Party Liability Insurance

Motor vehicle is one of the means of transport motivated by machine, and plays an active role in social economy and daily life. In the meantime, as the means of risk management of motor vehicle, the third party liability insurance also plays an important role in social management. China constantly improves the legal system of the third party liability insurance on the basis of using international experiences, and the Law of Traffic Safety provided that the third party liability insurance is the compulsory insurance.Motor vehicle third party liability insurance is one of the insurances that the compensation liability of the insured transferred to the insurer, namely the insured or the driver authorized caused damage to the third party in course of driving, the insurer shall be responsible for the compensation liability of the insured in accordance with relevant stipulations. The motor vehicle third party liability insurance has its own characteristics. Its subject-matter is the potential compensation liability of the insured, including the personal damage and property damage of the third party. In China's stipulations, the scope of the third party is narrow as compared with the stipulations of other countries, the family members of the insured, other persons and goods in the motor vehicle insured are not included in the scope of the insured party. It is not favourable to the protection of the third party's interest.The basis of the establishment of the insurance contract of motor vehicle third party liability is that the subject matter insured shall contain the insurance interest. This kind of interest is a potential and negative compensation liability, and has the compulsory characteristics.The scope of motor vehicle third party liability insurance is the direct damage of the third party, the indirect damage is not included in it. The insurer compensates for the damage of the third party in accordance with the insurance contract. Both the parties are restricted by the insurance contract. Firstly, the insurer shall be responsible for the compensation damage of the injured party acknowledged by the public security bureau. Secondly, the exclusory parts of the liability shall be excluded. In China's traditional third party liability insurance, the criterion of liability includesprinciple of fault liability and no-fault liability. In developed countries, the principle of no-fault liability is applicable to compulsory insurance. Its basis derives from liability of dangerous activity and retaliation liability. The basis criterion of liability in newly issued Traffic Safety Law is the principle of no-fault, and the principle of fault liability is applicable to the motor vehicles. We hold that it is an important progress in insurance law.The third party beyond the contractual parties is the compensation object, so the legal status of the third party and its rights and obligations become the core of insurance contract. In accordance with the insurance law and the basis theory of motor vehicle liability insurance, when the motor vehicle liability insurance accident happens, the insurer may pay for the damage of the third party, and the third party may also ask the insurer to pay the insured amount. This is the breakthrough of relativism of contract. As the developed countries provides that the third party of liability insurance has the direct claim for the damage, we hold that China's law can also authorize the third party to have the direct claim for the damage caused.China's laws and statutes of motor vehicle third party liability insurance are not perfect, the regional stipulations lack compatibility. We hold that China shall draw lessons from international experiences and issue Regulation on Motor vehicle Third Party Liability Insurance as soon as possible on the basis of Traffic Safety Law and national conditions. China shall also gradually improve the legal system of motor vehicle third party liability insurance in accordance with the characteristics of compulsory insurance and the principle of commercial op...