The Research On The Victim's Right Of Direct Claim In The Automobile Liability Insurance.

The broad employment of automobiles brought the fundamental change to the traffic status. The automobiles not only provide the convenience to our daily life, but also make it possible for the high speed economic development of each country. However, the deadly disadvantage of automobile, namely the traffic accident, is severe, which incurs unmeasured loss to mankind's life and property.The compulsory automobile liability insurance is a legal insurance with the civil compensatory liability of the insured to the third party as the subject matter. This kind of insurance emphasizes particularly on the protection of the victim's interests in order to assume more social responsibility on the basis of balancing the basic interests among the insured, the insurer, and the victim. At present, more than 85% of the countries and regions have carried out the automobile liability insurance. On March. 21st, 2006, the State Department promulgated The Compulsory Automobile Liability Insurance Act, which is an important matching system of The Road Traffic Safety Law. Comparing with the traditional compulsory commercial liability insurance , it establishes some new principals。It's a pity that it doesn't stipulate the third party's right of direct claim to the insurer for the compensation, which leaves the hidden trouble for the protection of the victim's interest and the justice.On the basis of civil law and insurance law, and by reference to the foreign related theory and practice, this thesis has a research on the third party's right of direct claim in the compulsory automobile liability insurance .The thesis consists of four parts. Part one expounds the conception, property and characteristic of the compulsory automobile liability insurance. Part two discusses on the theory basis of the victim's right of direct claim in the compulsory automobile liability insurance, starting with the development trend of the modern liability insurance, it probes into the formation and development of victim's right of direct claim, and then introduces six doctrines as the theory basis of victim's right of direct claim. Part three analyzes the legislative modes of the victim's right of direct claim in the compulsory automobile liability insurance of some typical countries and regions in common law system and civil law system respectively from the point of comparative law, based on which it analyzes the status quo of our related legislation and puts up with some suggestions and reasons for the improvement. Part four is some reflections on the improvement of legislation of the victim's right of direct claim, including to endow the victim with the right of direct claim definitely, to fix the scope of the victim reasonably.