An Elementary Dissertation On The Compulsory Insurance Legal System Of Motor Vehicle Traffic Accident And Its Consummation

The compulsory insurance of motor vehicle traffic accident is a kind of obliged liability insurance, which indicates the insurance company must compensate in the liability limit for the personal casualty and property loss of the victims besides the passengers on the insured motor vehicle and the insurant in the traffic accident in which the insured vehicle is involved. Once the compulsory insurance of motor vehicle traffic accident is brought into effect, no matter if the insurant take the liability or not, the insurance company must compensate in the liability limit according to the legal regulations and the concrete stipulations of the clauses promised in the compulsory insurance of motor vehicle traffic accident. The compulsory insurance system of motor vehicle traffic accident has significant systematic value. The execution of《Law of the People's Republic of China on Road Traffic Safety》and《The compulsory insurance ordinance of motor vehicle traffic accident》constructs the compulsory insurance system of motor vehicle in China, in which the system of compulsory third party liability insurance on vehicles takes the priority and that of the social salvation fund of motor vehicle traffic accident stands in the auxiliary position. Because of the present legal source and law-executing status in China, the compulsory insurance system of motor vehicle traffic accident still has the relevant problem of administrative law in running, which is mainly incarnated in the aspects of the lagged legislation, disconnection of law and stiff operating in practice, etc. Using the theory of nomology and administrative law, this article introduces the basic concept, legal character and systematic value of the compulsory insurance system of motor vehicle traffic accident, expounds the present administrative legal system on compulsory insurance of motor vehicle. Combinated with the law-enforcing practice, it also scientifically analyzes the matters of lagged legislation and stiff operating in realization in the compulsory insurance system of motor vehicle traffic accident, and brings forward the elementary attitude and suggestion in maturating the compulsory insurance system of motor vehicle traffic accident in China, from the aspects of consummating the law, improving the law-executing method and intensifying the judicatory relief. It also emphasizes that the new type of social requirements under the condition of compulsory third party liability insurance pattern on vehicles should be adjusted efficiently through the foundation of self-contained system of legislation, law-abiding, law-executing and law-managing, relied on the scientific and righteous nomothetic means.