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Study About The Compensation System Of Automobile Traffic Accident Compulsory Insurance

Posted on:2008-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:J P HuangFull Text:PDF
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Motor vehicle is one of the means of transport motivated machine, and plays an active role in social economy and daily life. In the meantime, as the means of risk management of traffic accidents, the automobile liability insurance also plays an important role in social management. According to international experiences, the Law of Traffic Safety provided that the third party liability insurance is the compulsory insurance and no-fault compensation principle. Under guide of the law, the Regulations of Automobile Traffic Accident Compulsory Insurance was made last year. Scholars focus on no-fault insurance, victims' direct request right, exception clauses etc in this regulations and discuss them in all kinds of forms. And the author is also interested in those focuses and write this thesis. The thesis is divided into six parts.The first part is the introduction pointing out the background of thesis and purport. Because automobile accidents happen frequently and have severe results, the automobile traffic compulsory insurance is necessary in order to protect victims and keep social stability.The second part is about why the law provided no-fault system. The first reason is the reality of our country: victims of automobile increase sharply and most of them will be involved in economic difficult; most of victim can not get compensation fully and smoothly; and the original third party liability insurance and social security system could not protect them completely. The second reason is rooted in the spirit of law: the life of pedestrians is more important than passing right of automobiles; the holders of automobiles should bear the accident risk and compensate victims according to no-fault system.The third part is about four questions: what kind of people can get compensation from this insurance; if victims can get compensation for property loss according to no-fault compensation priciple; the definition of automobile accidents and exception clauses. The author thinks we should expand the scope of the third party and exception clauses; victims should get compensation for property loss according to fault system.The fourth part is about the direct request right of victims. The author also discusses three questions here: why victims can directly ask insurance companies for compensation; how victims can exercise the direct request right; and the nature of direct request right. The author thinks the direct request right can protect victims' rights and interest more completely.The fifth part is about the right of asking refund of insurance company. In order to prevent the risk get unjust benefit and lower the level of insurance rate, the law gives insurers the right of the right of asking refund.The sixth part is for generalization of the whole thesis.
Keywords/Search Tags:no-fault compensation principle, third party exception clause, direct request right, asking refund
PDF Full Text Request
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