Research On The Direct Petition-Right Of The Third Party In Compulsory Liability In Surance Of Traffic Accident

The system of compulsory liability insurance established by "The People's Republic of China on Road Traffic Safety Law" and "Motor vehicle traffic accident liability compulsory insurance regulations" and other laws and regulations in China is for the purpose of dispersing and passing on the liability that the insured should bear to the third person, and its setting up is to benefit the third party with public welfare and strong community management functions of the insurance, but the law does not give the victim the right of direct requests. As a result, whether the victim can sue the insurance person as the defendant, what is the theoretical basis of victims'the right to direct request , the right to damages or claim for the insurance still a dispute in theory and varied in practice. In fact, being based on the legislative intent, the compulsory liability insurance system should give the victim the right of the direct request. At the same time, according to the court how to adapt the law in the judicial practice in the existence of the principle of contributory negligence and the insurer's no-fault liability principle in the compensation, I think the combination of contributory negligence rule is a more appropriate means of balanced interests of all parties, based on the principle of no-fault liability. Additionally, when the third party direct claims affect the exercise of the trial and execution, there are also many problems in the implementation of many trials, such as insurance compensation in the distribution, and these are the issues the author wants to be discussed.