The Demonstration Of Automobile Trffic Accident Compulsory Liability Insurance From The Principle Of Infringement Liability

With the development of modern science and technology,people's living standard is enhancing, the number of automotive vehicles is increasing. Meanwhile as a result of commercial trade and economical contact need, the people need to speed up their own commercial activity, therefore the vehicle more and more becomes one kind of essential tool. But simultaneously because automobile's traffic accident has high rate, the loss is serious and so on, people pay much attention to it in the modern society increasingly. Since Traffic Safety Code promulgates and implements on October 28, 2003, the dispute of the automobile's road traffic accident liability insurance is increasing day by day. Precisely under this kind of situation, the State Council has promulgated Automobile Traffic Accident Liability Compulsory Insurance Rule on March 1, 2006, this rule in certain degree solves the related questions how to carry on the prompt relief to the victim when the automobile traffic accident occurs.This thesis analyzes the development of principle of infringement liability in China and foreign countries. It explains the non-fault liability and the compulsory liability insurance supplement each other, both of them are developed for the same legal purpose—protecting the victim. In each kind of legal rules about the stipulation of automobile's traffic accident in our country, different principles of infringement liability has the different influences to automobile's traffic accident liability insurance. This influence affects parties' legal relationship in automobile traffic accident and the legal protection degree and level that the victim obtains differently in the law practice.The first chapter mainly discusses about the basic principle of automobile traffic accident—no-fault liability and its relationship with liability insurance. This chapter mainly introduces that no-fault liability is established on just and equity, liability insurance is for dispersing the risk. Therefore it's necessary to implement compulsory liability insurance when applies no-fault liability in automobile traffic accident. The non-fault liability and the compulsory liability insurance supplement each other.The second chapter mainly analyzes the principle of infringement liability in automobile traffic accidents in foreign countries. Through the analysis of the principle of infringement liability in the automobile traffic accident in Germany and France, we could find Germany established no-fault liability through special legislation; but France established no-fault liability through cases. The U.K and American apply fault liability,but simultaneously in order to make up the flaw of fault liability, and strengthen the victim's relief, has adopted compulsory liability insurance and social security plans and so on.The third chapter construes the historical evolution of the principle of infringement liability in the automobile traffic accident in China, explains that there are different undstanding about the principle of infringement liability in the automobile's traffic accident in different stages. Thus China should adopt no-fault liability in automobile traffic accident. On foundation of no-fault liability, stipulates insurer's no-fault compensation liability.The fourth and fifth chapters demonstrate the basic legal relationship of the parties in automobile traffic accident, and how to legislate the legal regime to protect the victim obtain compensation legally under the compulsory liability insurance. Because Automobile Traffic Accident Liability Compulsory Insurance Rule has promulgated, the parties'benefit are assigned again. The main conflict between policy holder and insurer is the insurer's scope of insurance and policy holder's benefit that may be insured. Because the passenger is not involved in the scope of the victim and does not stipulate the direct request right for the victim definitely, this does not accord with the legal purpose of the liability insurance, then should improve it.This thesis'conclusion is: we should expand the scope of the victim, the passenger also should be belong to the scope of automobile traffic accident's victim, under certain situation should stipulate some rules that can protect the victim, for example the direct request right for the victim, thus could achieve the compulsory liability insurance's legal final goal.