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Research On The Automobile Third Party Liability Compulsory Insurance System

Posted on:2007-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LinFull Text:PDF
GTID:2166360242462822Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Automobile,automobile accident,automobile insurance are closely bound up with modern lives. Following the sharp increase on automobile and automobile accident, auto insurance is used to decentralize the risk of accident. Meanwhile, automobile third party liability compulsory insurance plays a very important role on social function, as the tool of controlling auto risk. Putting automobile third party liability compulsory insurance system into practice and setting up social relieving fund were asked by《Road Traffic Security Law of the Peoples Republic of China》(hereafter《Road Traffic Security Law》for short), which was issued on May 1st,2004. Nearly two years later,《Automobile Traffic Accidental Liability Insurance Regulations》(hereafter《Regulations》for short )was issued on March 28th,2006. Meanwhile, it bringed broad attentions,hot discussions.The construction of its system is settled by quality of the automobile third party liability compulsory insurance. In theory, the judgment on the its character was very blurry. By analyzing its character and the theme of《Regulations》, and comparing with commercial and social insurance, it is located as the compulsory commercial insurance.On the basis of summing up nation's development of the automobile third party liability compulsory insurance system and using the experience of other countries for reference,《Regulations》is analyzed. Understanding the unreal implicative relationship between the insurance reliability and the liability of compensation of infringement, no-fault reliability as a kind of insurance is classified and discussed. Then, the defects of the《Regulations》are discussed on the regulation of the third party's protection ,such as the range of the victim,direct claim right and the range of protection.Finally, extending victims and source of relieving fund,endowing with direct claim right are put forward , thereby consummating the automobile third party liability compulsory insurance system.
Keywords/Search Tags:no-fault liability, liability insurance, third party as victim, compulsory
PDF Full Text Request
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