Study On The Compensation Of The Mobile Traffic Accident Compulsive Insurance

During the process of the construction of the well-off society in our country, the automobile as a consumption is changing from its nature of the luxury goods into the common goods. With extraordinary convenience and high-efficiency, the occurrence of the traffic accident which the automobile maybe lead to also has to bring public huge pain and suffer with heavy of economy burden. In order to settle down the social problems caused by the traffic accidents and protect the legal right and interests of injury person in traffic accidents appropriately, our country have built the system of traffic accident responsibility compulsive insurance following the developed countries.《The Law of Traffic Safety》has provided the Legal basis that the motor vehicle liability insurance is compulsory. Furthermore, the execution of《The Mobile Traffic Accident Responsibility Compulsive Insurance Regulation》symbolizes china entering into a mobile responsibility compulsive insurance age. This system guarantees the victim's damage in time and reflects the spirit of "person-based". It is a significant historical progress of the tort law of our country. But any new law systems should be checked and updated in practice.This paper combines the related law of other countries and the practice of our country, analyses the related law theories and the law practice of the traffic accident responsibility compulsive insurance, puts forward some standpoints to fill up damage of the person which is victimized more effectively and more fairly by expectation, enforces the function of the mobile car responsibility compulsory insurance, and realizes social efficiency and equity.Beside the preface and the conclusion, this paper is divided into five parts to analyse and discuss the compensation of the mobile traffic accident responsibility compulsive insurance.In the first part, the author states the summary of the system of the mobile traffic accident responsibility compulsive insurance. Firstly, the paper introduces the relative concepts and the development of the system of the mobile traffic accident responsibility compulsive insurance of foreign countries. Secondly, the thesis introduces the emergence of system of "mobile traffic accident responsibility compulsive insurance" of our country following the international legislation trend. It also elaborates the background and meaning of the emergence of this system and recognizes the system as the breakthrough of the guarantee to the victim's damage in our country.In the second part , the author analyses the relation between the mobile traffic accident responsibility compulsive insurance and the commercial third-party insurance. The author compares the differences between the two kinds of insurance and pays attention to the application of law and the links-up between the two insurance law in the "transitional period" during which the two coexist. Then the author thinks the reasonable and perfect implementation regulation should be promulgated which will lead the mobile traffic accident responsibility compulsive insurance to enforce in good function and the two insurance to coordinate more effectively.In the third part, the author analyses the legal issue of damage compensation on the mobile traffic accident responsibility compulsive insurance. This part concerns the main issues as following: the responsibility principle, the compensation responsibility, the compensation scope and so on. Among them the author focuses on the study of responsibility principle, and considers the adoption of "comparative-fault" in the non-fault responsibility principle will realize the efficiency and fairness of the society.The fourth part is the analysis of the practical problems of the law system. In this part the author analyses the practical problems after the implementation of《The Law of Traffic Safety》and《The Mobile Traffic Accident Responsibility Compulsive Insurance Regulation》by cases study. From the legal perspective the author states the conflicts of the two. Some ambiguous statements of《The Mobile Traffic Accident Responsibility Compulsive Insurance Regulation》will lead to difficulties in the legal practice and the author further points out that these problems raising from the non link-up of legislation.The fifth part is the reconsideration and modification of《The Mobile Traffic Accident Responsibility Compulsive Insurance Regulation》. Firstly, the author makes a moderate commence on the regulation and thinks it is a big progress of the legislating system. Secondly, from the two aspects of the immature fundamental theoretical research and the lag of the implementation regulations and respective measures, the author elaborates the necessity of further improving the regulation. Thirdly, the author puts forward the concrete proposal and suggestions according to the shortcomings of the Regulation.