The Research Of The Scope Of The Third Party In Compulsory Motor Vehicle Liability Insurance

Compulsory Traffic Accident Liability Insurance for Motor Vehicle (hereinafter referred to as "Traffic Insurance") is a legal system to protect the interests of a third party in motor vehicle accident. Although the direct purpose of the Traffic Insurance is to protect victim in accident, which breaks the contract relativity and elevates the victim as to a major party. Because the legislation has just started, there are many shortcomings to be improved, in particular narrow range of motor vehicle third party victims, and in most of the traffic accident claims it has excluded the passengers, the driver, the insured on the vehicle and the insured person's family members, which is not conducive to the protect traffic accident victims. This thesis will take a reasonable range of a third party in Traffic Insurance as a center and then analyze in detail.Beside introduction, the thesis includes three parts:The first part introduces theoretical basis of the compulsory motor vehicle third party liability insurance. This section contains three levels, from a breakthrough in relativity of the insurance contract to the development of the concept of liability insurance, and then to protection of a third party in Traffic Insurance. Fully expounding step by step, these levels explain in detail motor vehicle liability insurance from voluntary to mandatory, from commercial to public welfare, and it is highlighted the intention of protecting the interests of the third party in accident.In the second part, through the comparison of legislation in China and the United States, in Japan and Taiwan and other regions in China, it mainly shows the narrow range of a third party in Traffic Insurance, especially in the change from commercial liability insurance to compulsory liability insurance. The legislative purpose has changed in principle, but the scope of the object, that is a third party, is still not clearly defined. Consequently the third party's interests can not be timely and effectively protected after lots of traffic accidents. The expansion of the third party range is effectively inevitable and possible.The third part of the combination of actual cases to illustrate the "strong narrow" the passenger in the vehicle, the insured and the insured person's family members, the possibility of a third person, through comparative analysis of the relevant legal provisions and the definition of family members To our reality, based necessary considerations and proposed the expansion of practical proposals for the reasonable expansion of the scope of the third person made a realistic basis.Overall, in legal perspective, I am trying to comprehensively analyze and discuss the scope of the third party in the Traffic Insurance by applying theory into practice, comparative analysis and other methods in order to promote the system of protecting the interests of a third party in the Traffic Insurance in China to be more systematic and comprehensive implementation.