Compulsory Insurance Of Liability Of Motor Vehicle A Third Party Except Liability Research

With the economy in China to raise the level of the number of vehicles, rapid growth, and traffic accidents number are also in increases year by year. In order to strengthen the protection of victims of traffic accident, on May 1st 2004 "road traffic safety of the People's Republic of China (hereinafter referred to as the road safety") and its implementation regulations for formal promulgated). The law of article 76 particularly noticeable. On July 1,2006 the implementation of compulsory motor vehicle traffic accident liability insurance byelaw "(hereinafter referred to as the insurance regulations) and liability to a climax. Motor vehicle liability insurance through the business established on the basis of public policy attributes with compulsory liability insurance, and not profit-oriented owners, but by the government, the purpose is compulsory purchase in vehicles after be or get out of danger of sufficient funds to third party for aid, have stronger public properties. In liability insurance fields, it is a kind of relatively "young" insurance, because of the past our country has no real implementation of compulsory insurance of liability of motor vehicle a third party in the experience, so to the judicial practice, the article 22 insurance byelaw "the scientific theory explain and judicial application and produced many differences. This paper has discussed the risk of compulsory motor vehicle among the specific case import, and then describes the compulsory motor vehicle insurance system among basic theoretical issues, and to all sorts of laws and regulations such as the literature review, the analysis compares the U.S., Germany, Japan and Taiwan compulsory insurance of liability of motor vehicle a third party, demonstrates the development situation of China has established three risks system of compulsory motor vehicle liability interpretations except the importance and necessity of liability of motor vehicle a third party, so as to perfect the system of the compulsory insurance with development put forward its own proposals and understanding.The first chapter of the introduction of the typical case by court, analysis, this paper puts forward and foia subjectivity.therefore, lists focus problem in all aspects of the different understanding of except responsibility, both on different interpretations and except responsibility of legal regression analysis.The second chapter basically compulsory insurance of liability of motor vehicle a third party the concept and classification except liability are summarized, and the legal structure and properties are explained. In addition, based on the compulsory insurance liability of motor vehicle a third party except liability in accordance with the relevant regulations of the liability of motor vehicle a third party that compulsory insurance, at the same time on the characteristics of the compulsory motor vehicle traffic accident liability insurance byelaw "related terms and controversial list hot etc. The third chapter basically analyzed the countries and regions in the world on the motor vehicle third-party compulsory insurance except responsibility relevant provision, and a comparative analysis of laws provisions in China, and brings forward some compulsory insurance of liability of motor vehicle a third party of thinking and can reference system of the place.The fourth chapter basically that compulsory insurance of liability of motor vehicle a third party in the applicable except responsibility, and various legal regulations in the conflict situation, and put forward his value choice of compulsory insurance of liability of motor vehicle a third party in practice the recommendations and conception, and in view of system of insurance of liability of motor vehicle a third party made compulsory Suggestions, including:to establish an effective mechanism to prevent insurance fraud, etc. Through these aspects of thinking of the hope that China compulsory insurance of liability of motor vehicle a third party could be better system of perfect and development.Chapter 5 main conclusions clearly one of the major objective of this article is how to better vehicle risk compulsory insurance system to compensate for vulnerable groups and promote the relative legal system in the development of the legal system modernization in China, make better progress, constructing harmonious socialist legal system China, making China the legal system modernization to better and more healthy development.