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Study On The Range Of Compensation In Compulsory Traffic Accident Liability Insurance

Posted on:2011-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:L C WuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The modern motor vehicle has become an indispensable transport in people's lives with economic development and social progress. People also has to bear big risk while enjoys the great convenience brought by motor vehicles. During the 21st century, the amount of vehicle showed rapid growth trend and the motor vehicle accidents also surge. In that case, it posed a serious threat to the life and property of the masses of people. Personal injury and property damage caused by traffic accidents become a major social unrest. Drawing on the legislative experience of compulsory insurance of the major developed countries and regions in the world, the legal system of motor vehicle liability insurance has been improved and perfected gradually in China. It has promulgated and implemented the Road Traffic Safety Law of the People's Republic (hereinafter referred to as the Road Traffic Safety Law), Compulsory Automobile Liability Insurance (hereinafter referred to as Regulation).So far, Road Traffic Safety Law has been implemented for about 6 years and Regulation also has been implemented for about 4 years , people has gotten familiar with motor vehicle traffic accident liability insurance system (hereinafter referred to as "Traffic Insurance System"), however, the core issues - the issue of compensation which concerned by people is still the most debated question in legal theory and legal practice: How can victim get compensation from insurance company as soon as possible after the accident, especially the issue of the scope of compensation that the insurance company will pay still encounter many questions and challenges in both legal theory and legal practice. I try to analyze in the legal theory and judicial about the compulsory traffic accident liability insurance system from the view of justice worker, to tease out the practical suggestions in order to establish a more effective and more just way to safeguard the legitimate rights and interests of the victims, to fill the victim's damages, in order to give some modest contributions to further improve the system of compulsory insurance.The paper including introduction, body and conclusion, the body is divided into three chapters:It is overviewed the basic theory of traffic insurance system in Chapter I. I introduce the concept of compulsory traffic accident liability insurance and the foreign development of compulsory traffic accident liability insurance in section I. It is discussed significance and nature of the compulsory insurance system section II, and also elaborated the meaning of study of compulsory traffic accident liability insuranceIt is discussed the limitation of liability in the system of compulsory traffic accident liability insurance in chapterâ…¡. First, it is analyzed the rationality of the existing limit of liability. Second, it is described the compensation in compulsory traffic accident liability insurance. Last, It is discussed whether it should include moral damages compensation.It is discussed the exemption of insurer from the liability for road traffic accident in chapterâ…¢, through the debate which from community on some uncertain relevant regulations, combined with practice of the Regulation in order to give a full analyze on the exemption of insurance company from the liability for road traffic accident.
Keywords/Search Tags:Compulsory Traffic Accident Liability Insurance, Liability limits, Property loss, Moral damage, Excusatio
PDF Full Text Request
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