Study On Mandatory Liability Insurance Of Motor Vehicle

The motor vehicle has brought people comfortable and convenient, but simultaneously it has also brought harm to the humanity. Traffic accidents have occurred frequently, which has become a serious social issue. In order to disperse risk of the road traffic accident damage compensation, safeguard prompt effective payment for the damage on body and property of victims, lessen the accident responsible party's economical compensation pressure, reduce the contradiction and the dispute of both sides, most countries have established the motor vehicle third party obligatory insurance system. "The Motor Vehicle Third Party Obligatory Insurance Regulation" has come into effect since July.1, 2006. However, there are still many problems in the judicial practice. The thesis has carried on discussion and analysis to the related legal theory of the motor vehicle traffic accident obligatory insurance system, and proposed some viewpoints at the same time. It can divide into four parts except the introduction and the conclusion.First part is the generalization of the motor vehicle traffic accident obligatory insurance system. Firstly, the author analyzes nature and characteristics of the motor vehicle third party obligatory insurance, introduces development and evolution course of the motor vehicle third party obligatory insurance system, elaborates basic principles of the third party obligatory insurance, and discusses relation and distinction of the motor vehicle third party insurance and commercial third party insuranceThe content of the second part is the scope of the vehicle third party obligatory insurance. The author first does qualitative analysis of damage compensation in the third party obligatory insurance, proposes that the insurer is only responsible for direct losses of the accident, does not bear the compensation fore indirect losses, and is not supposed to compensate the spirit solatium to the traffic accident victims. At last, the author has also carried on thorough discussion of the quota and excepted liability of the motor vehicle third party insurance.The content of the third part is about several legal matters of third person in the vehicle third party obligatory insurance. First talks about the scope of the third person, and then. Here, the author puts emphasis on analysis of the direct claims of the third person, comments different opinions on the direct claims of the third person in the theorists. In the trial practice, the insurance company may participate in the lawsuit as the third person that has no direct claims depending on the application or informed by the people's court.The fourth part is certain thinks for legislation on the social rescue fund for traffic accident. The author introduces overseas operation patterns of the social rescue fund system of the traffic accident, and proposes constructive opinions for the operation and supervisal the social rescue fund of the traffic accident in our country. We should develop original channels of the fund actively, further supervise operation of the fund, and ask for the additional compensation of the paid for others. Only in this way can we safeguard the fine operation of the social rescue fund system.