A Study On The System Of Third Party Liability Compulsory Insurance For Motor Vehicles In China

"Law of the People's Republic of China on Road Traffic Safety"which came into force on May 1st 2004 firstly established the system of compulsory third party liability insurance (compulsory insurance) for motor vehicles by legal means. However, the construction of this system is far from perfect. Especially under the system of the compulsory insurance, how to effectively protect the interests of aggrieved parties who suffered from the traffic accidents attracts more and more concerns. This paper tries to make a research on the topic of compulsory insurance for motor vehicles by reference to the foreign experiences and legislations, and provides some suggestions for the future legislation as to the reform of such system. The whole article is composed of three parts: preface, text and conclusion, and the text is further divided into five chapters.Chapter One is"An Overview of Third Party's Liability Insurance for Motor Vehicles", in which introduces the legal essence of compulsory insurance for motor vehicles. Basing on this general observation, the author contends that the compulsory insurance for motor vehicles is a kind of statutory insurance system with the nature of social insurance. Furthermore, the author also provides a brief retrospection on the development of compulsory insurance for motor vehicles.Chapter Two is"the Contract of Third Party Liability Compulsory Insurance for Motor Vehicles", in which discusses several issues relating to the contracts of compulsory insurance for motor vehicles, such as the qualifications of the parties, the conclusion of insurance contract, the extent of insurer's liabilities, the limitations of liabilities and the exceptional liabilities.Chapter Three is"Insurance Companies'Liability for Compensatory". In this chapter, the author first analyzes the imputation principles of compensation's liability in traffic accident in Chinese law, and then describes the compensatory principles of compulsory insurance and insurance companies'rights to except in details. In addition, the contents and standards of compensation, the responsibility...