On The Legal Issues Of Motor Vehicle Thirty Party Liability Compulsory Insurance

Nowadays, people in China are able to enjoy the various conveniences brought by all kinds of road traffic instruments. In the meantime, however, with the rapid increase of these traffic vehicles, traffic accidents are threatening the safety of people's life and property anytime, anywhere. Traffic accidents have become a big hidden hazard in people's life.It is of great importance to handle compensation for traffic accidents timely, reasonably and fairly, and to protect the interests and benefits of the victim. This not only can make up for the loss the victim has suffered, but also will give comfort to the victim, educate the responsible person and reduce recurrences of similar accidents.Out of this purpose and people-oriented humanism, the 5th Meeting of the 10th National People's Congress Standing Committee published"Road Traffic Safety Law of The People's Republic of China"on 28 October 2003, which was put into action starting from 1 May 2004. This law changed the management concept of"punishing according to responsibilities"in the past few decades and changed the principle of responsibility determination of Thirty Party Liability Compulsory Insurance from fault principle to no-fault principle, clearly stating the guide line that the right to life is more important than highway right.However, as a new insurance system that is still under exploration, motor vehicle thirty-party liability compulsory insurance has deficiencies in legislation and actual operation. These deficiencies are mainly shown in the following aspects:The conflicts between the operation principles and the operation mode;The combination of no fault liability principle and fault offset principle not being faithfully implemented;The over-broad no fault liability range applicable to the third-party;The contradictions between the new"Traffic Safety Law"and"Insurance Law"in terms of applicable responsibility determination principles;The stipulations of the social assistance fund system for road traffic accidents being only principles and lacking in maneuverability.This article made a detailed dissertation on the aforesaid problems, and by analyzing and comparing the responsibility establishment principles, and introducingthe fault offset system and the practices of other countries'implementing the motor vehicle third-party liability compulsory insurance, the author presents her own views as follows, facilitating the reasonable settlement of traffic accident compensation problems:To improve on the operation mode of motor vehicle third-party liability compulsory insuranceSuggest separating risks through re-insuranceTo set up a system with the no faulty liability principle and the fault offset principle complementing each otherTo strengthen the maneuverability of the social assistance fund system for road traffic accidents...