Research On The Direct Request Rights Of The Third Party In Liability Insurance

How to strengthen the protection of third party liability insurance, has become an important topic in the development of liability insurance system , establishment of the direct request rights of the third party in liability insurance is a powerful tool to protect the interest of a third party.Many countries introduced legislation to give the direct request rights to the third party in liability insurance,but the circumstances for this right and exercise, national legislation is not entirely consistent.With guidance of contract law and insurance law, this article illustrates the basic theories of the direct request rights for the third party in liability insurance, reviews the legislation practices of the direct request rights for the third party in liability insurance in our country, analyses improvements and deficiencies in terms of the direct request rights for the third party in liability insurance in revised insurance law of 2009, and offers the suggestions to perfect it.Addition to the introduction,this thesis is divided into four parts,a total of about 18000 words.The first section of the thesis is the overview of liability insurance and the basic theories of the direct request rights for the third party in liability insurance.It shows the basic concepts of liability insurance and illustrates connotation and content of the direct request rights for the third party in liability insurance, and researches the nature of the direct request rights for the third party on the basis of several typical theories. There are varieties of academic opinion on the nature of the direct request rights for the third party。The main influential theories are"The Doctrine of Statutory Right","the Doctrine of Original Acquisition","The Doctrine of Rights Transferring","The Doctrine of Liability Release". In my opinion, should be based on different types of liability insurance to the direct request rights of the third party for the legal foundation.The second part is the legal regulations of the direct request rights for the third party in liability insurance. This part reviews relevant legal regulations in the Anglo-American Legal Systems and relevant legal regulations in the Continental Legal Systems, points out that the certain of the direct request rights for the third party in liability insurance has become the development of relevant legislation. This part still reviews the legislation practices of the direct request rights for the third party in liability insurance in our country, and focuses on analyzing the legislation breakthroughs that established a conditional direct request rights of the third party in revised insurance law of 2009.The third part makes comments on the coming application of article 65 of the insurance law of 2009 in trial review.This part takes the third party motor liability insurance for example,and focuses on analyzing the application of article 65 of the insurance law of 2009 in trial review. Pointed out that the third party in the Traffic Insurance within the limits of liability insurers have not directly attached to a defense before the claim, the insured liability for third party determine the insured to the insurer made a request or slack to the insured requests, third party insurers have attached to the right of defense before the direct request.The fourth part of the thesis is the deficiencies and perfections of the system of direct request rights for the third party in China.This chapter provides some legislation suggestions about the establishment of the system of direct request rights for the third party.Overview the full text of this article ,with the basic guidelines of modern liability insurance philosophy,through analysis of the general theory,system functions,and other aspects of legal basis for the direct request rights of the third party in liability insurance, with the use of legislative experience and advanced way of comparison, specific trial practice in our country, this article constantly deepens the research of the direct request rights of the third party in liability insurance, and gives specific recommendations to perfect it. As well as the lack of information and the author's limited energy, I only made preliminary recommendations on how to implement the direct request rights of the third party in liability insurance in China.These specific recommendations have not yet to be further articulated, there may be irregularities of some of the recommendations Department, please correct me and add.