The Research Of Victim's Right Of Direct Claim In Motor Vehicle Accidents Third Party Liability Compulsory Insurance

Today, worldwide, motor vehicle accidents have become the first killer of unnatural death. Motor Vehicle Accidents third party liability insurance plays an irreplaceable role for supplying victims timely basic rescue and protecting the rights of victims. As one important method to achieve this legislative purpose, victim's right of direct claim is still no sign of the trace in our "Road Traffic Safety Law" and"Compulsory Traffic Accident Liability Insurance Regulations," the repeated modifications, causing widespread discussion.From the definition, legal basis to Comparative Law as a clue, using the empirical analysis and comparative analysis of the victims, author research in depth on the victim's right of direct claim from oretical and comparative law angle, and on this basis relevant laws and regulations in China to comment and put forward sound advice. Besides the introduction and conclusion, the thesis is divided into four chapters:The first chapter is definition of victim's right of direct claim, this chapter starts from the definition and origin o, and then analyzes the rights of claim with the insurance nature of relative independence, both substantive and procedural three major characteristics, and compares with commercial insurance in the three highlights of the specific rights of fair and efficient system value.The second chapter is the victim directly to the legal basis of claim, the chapter start with the direct victims of both sides claim demonstrated the necessity and possibility of the establishment. First, the source from the front to the right to explore, on the most influential successors made that the original acquisition that the off duty-free benefits that were reviewed and analyzed to support the original acquisition that, from the opposite of traditional legal principles of the theory of Relativity and the separation of the significance of the establishment of the system loose. Finally in the context of strong narrow set of claims is the victim directly to the legislative intent of the Act a necessary requirement.The third chapter is related to the law of comparative law analysis, this chapter describes the English, German, French, United States, Japan, Taiwan and other major countries and regions of the relevant legislation and analyzes their characteristics, summarizes the different features of the system by the major countries set to establish a direct victim claim the legislative trends.The fourth chapter is a direct claim of the victim of a number of controversial issues, this chapter is divided into a number of Legislative Analysis and Research in two parts. The first part of the legislation on important legislation through the sort of come to the conclusion that the direct request of the right of the victim has not been established. The second part of the relatively hot on a number of issues were discussed, of the opinion that (1) of the victim should be appropriate to expand the scope, (2) compensation for the property excluded from the scope of compensation, (3) victims should participate in the proceedings as the plaintiff , (4) the establishment of supporting measures to improve the system architecture.