Legislation Status Of The Automobile Compulsory Liability Insurance In China & Studies On And Illumination From Extraterritorial Legislations

With the development of China's automobile industry, automobile has been rapidly popularized in people's daily life. As a result of that, the harm and effect of traffic accidents become more and more serious. To promote the traffic safety, protect the interests of victims in traffic accidents, and maintain the social harmony and stability, China has introduced the legal system of Compulsory Liability Insurance for Motor Vehicle Accidents (hereinafter referred to as"Compulsory Liability Insurance") from those countries where the automobile industry have been well developed and the system of automobile liability insurance has been established in an earlier time.The Compulsory Liability Insurance is the first automobile liability insurance adopted and enforced by national legislation in China. Currently, the Compulsory Liability Insurance shall be underwritten by domestic commercial companies as approved by China Insurance Regulatory Commission. However, as the author of this thesis, I have noticed that the system of Compulsory Liability Insurance as implemented in China has a relatively low level of legislative effect, but saddled with a heavy social responsibility. Compared with general commercial insurances, the appearance and formulation of the Compulsory Liability Insurance is more based on the requirements of some certain public policies, and to some extent, the Compulsory Liability Insurance has the nature of quasi-social insurance and quasi-social security. Therefore, on the one hand, it shall have the function as that of the social security system, assuming the social responsibility to protect the interests of victims, and, on the other hand, the Compulsory Liability Insurance shall be independently operated and checked by commercial insurance companies under the principle of "no profit no loss". What kind of role will the Compulsory Liability Insurance play in the whole insurance system? Shall the Compulsory Liability Insurance be included in the insurance system or the national security system? Social insurance, commercial insurance or policy insurance? Which working model can make the Compulsory Liability Insurance to achieve the originally expected optimal target, to be more adaptable to China's national conditions, to assume the social responsibility in a more efficient way, and to come true the goal to protect the interests of victims, to promote the traffic security and to maintaining social stability and harmony?Based upon the aforesaid questions, I attempts to study of the working status of the Compulsory Liability Insurance in China, to analyze the working system of automobile insurance through comparison of the Compulsory Liability Insurance and the commercial insurance, to compare the relevant foreign legislations related to the Compulsory Liability Insurance, and to clarify the legislative ranking of the Compulsory Liability Insurance in China and respective responsibilities, rights and obligations of each subject in the system of Compulsory Liability Insurance. By reference to the more optimized foreign systems of Compulsory Liability Insurance and combining the current insurance system in China, I will put forward some proposals on further perfection of the legislation and working model of the Compulsory Liability Insurance in China.