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Compulsory Motor Vehicle Liability Insurance Payment Except Responsibility System Research

Posted on:2011-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y WangFull Text:PDF
GTID:2166330332973384Subject:Law
Abstract/Summary:PDF Full Text Request
With the increase of vehicle quantities of road traffic accident, frequent has become the concern of the society, how to make traffic accident victims of loss to the timely and effective get compensation, more and more people's attention. Compulsory motor vehicle liability insurance (hereinafter referred to as the motor vehicle liability insurance) as guarantee compulsory motor vehicle traffic accident victims can get compensation according to a mandatory insurance, the insurance of the effective operation of implementation are largely safeguard the victim's damage, therefore, the claim of motor vehicle liability insurance payment system compulsively became one of the insurance. Under normal circumstances, the road traffic accident victims is by motor vehicle liability to pay compensation for compulsory insurance to get up, but due to the existence of except responsibility for payment, also caused the many victims of the loss of the underwriter cannot get compensation payment for the victim will cause damage. The road traffic safety law of the People's Republic, compulsory motor vehicle liability insurance by law as solve the disputes in the road traffic accidents to the special laws and regulations, motor vehicle liability insurance payment except responsibility compulsory system in some related provisions, but not perfect, causing a controversial judicial practice. To correctly understand the motor vehicle liability insurance except responsibility of compulsory system and pay for this system is perfect, this is the purpose of writing. The introduction and conclusion except the part is divided into three parts.The first part is compulsory insurance of liability of motor vehicle in China except responsibility system of payment. First, introduced in judicial practice of compulsory insurance of liability of motor vehicle in the judicial system of payment except responsibility, liability to pay except cases of problems existing in the system of vehicles, secondly, compulsory insurance pays responsibility system and pay except responsibility system are introduced, again, for vehicle compulsory insurance except responsibility for payment is analyzed.The second part is compulsory insurance of liability of motor vehicle liability to pay except the comparative analysis system. In this section, except responsibility of three kinds of payment through comparison and analysis, the reason for the first class specific victim suffers harm and specific property losses, the second for insurant deliberately driving motor vehicle traffic accidents, the third class for victims of traffic accidents or third causes intentionally in crime. Through the comparison and analysis of vehicle compulsory insurance pay except responsibility system and the problems that need to be perfected.The third part is compulsory insurance of liability of motor vehicle in China pays responsibility system and perfect except the idea. Firstly, China compulsory insurance of liability of motor vehicle liability except payment system was analyzed, and the deficiency existing value concept is incomplete, legislation, many of the contradictions and judicial practice, etc. Secondly, through the problems existing in the next one, in order to consummate the idea from the concept, legislation and practice each aspect of the motor vehicle liability establish benign compulsory insurance except responsibility system in payment.
Keywords/Search Tags:Compulsory motor vehicle liability insurance, Insurance liability, Payment except responsibility system, Judicial practice
PDF Full Text Request
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