Legal Research On The Injured Parties' Direct Right Against Insurers Of Liability Insurance In China

The purpose of this essay is to research on our legal system of the third parties'right against liability insurers and give legislation proposals in order to protect the injuries who suffer damages in accidents. At present, our insurance law could not work in terms of bad articles, ineffective complement and separation from theories. As a result, protection the injuries is just a beautiful legal language. It is important to study it and perfect adequate rules and regulations for theory research and practice.The basic train of thought in this paper is from theory research to legislation practice. Firstly, analyze the direct right's nature and law basement, set on this system and its details in justification and necessary; next, using comparison and other methods reveal defaults in our law system; after that, point out the reasons why our law system are inefficient; finally, connecting abroad mature law system with our specific situation, taking substantial and procedure law in account, the author will give specific proposals to supply enough law resource, avoid its system risk reasonably.The essay has two specials: the first hand, as a matter of structure, the former expects take more attention in theory study, but in this paper, the author focus on how to perfect our law system in the base of present theories. So it divides two part, the former part is theory which is not all-round and systematic but choose some relevant theory in direct to our defaults; the latter is the key point, to give advices. The second hand, as a matter of content, this paper's angle is macroscopic, establish the injuries direct right against insurers as a whole, not limited in special law. And also, the author's suggestion are in all fields, not only in ordinary law but also special law, not only substantial but procedure.Above all, the value of the essay is to connect theory with practice, to safeguard the injuries benefit.