Analysis Of Several Legal Problems Related To Compulsory Public Liability Insurance

The public liability insurance is a mechanism to disperse and transfer the risk of public liability. It can be employed to determine civil subjects'losses, disperse the losses, and therefore can be benefit to protect the interests of both policy holders and victims. Unfortunately, in our country, the theoretical study on this type of insurance is still at the initial stage although it has been applied in practical operations. Especially, the studies on the basic system of the public liability insurance including the legal concept, the range of accepting insurance, the exception responsibility and so on are still far from well maturity. As a result, the development of the business for the public liability insurance is not so satisfactory yet. Thus, this article aims to carry on a preliminary discussion on some basic problems in public liability insurance, which will benefit the corresponding theoretical investigations in this area and therefore promote the development of the public liability insurance in our country.In the article, the fundamental system of the public liability insurance is discussed in four sections.The first section mainly focuses on the introduction to the basic principle and the value of public liability insurance. In this section, the legal foundation of the public liability insurance is briefly depicted firstly. Then, the relationship between the public liability insurance and tort liability is discussed. In addition, the difference between the public liability insurance and person accident insurance is clarified. Last, the function and merit of the public liability insurance is summarized; The public liability insurance can disperse the civil liability, to a great extent solved the victim not to be able to obtain the question which the full compensation initiated, thus the better protection victim's benefit, reduced because of the dispute which compensated produces, simultaneously, the public liability insurance could also lighten government's financial burden.In the second section, the legal problems relevant to the public liability insurance are disused in detail. The public liability insurance is a kind of commercial insurance, it is closely related with the social public's vital interest, but is not suitable with the social security mechanism substitutes. Therefore, it is necessary to establish the compulsory public liability insurance mechanism. The local authority develops the public liability safe advantageous support and insurance company's actual operation experience, has provided the possibility for the establishment compulsion public liability insurance.In the third section, the accepting range and the shared responsibility of the public liability insurance analyzed, The amount of indemnification which causes to each time the accident rules take the court or the government Department concerned basis current law should the amount which reimburses by the insured as a standard, but do not surpass the accident compensation quota which each time in the insurance policy lists, moreover the Insurance company when carries on the economic compensation the highest liability of compensation do not surpass the compensation quota which in the insurance policy lists;Finally, in the fourth section, the exception responsibility in the public liability insurance is emphasized. Through the exception liability system, performs the suitable limit to insured's responsibility scope. The exception liability system may define in the public liability insurance risk's type, insured's scope as well as insurance risk's birthplace.To draw a conclusion, the author believes that, as an efficient mechanism for sharing the risk of public liability, the system of the public liability insurance will play more and more important role in future society. Therefore, we need to perform the further theoretical investigations on the public liability insurance, establish the compulsory system for it, and strengthen the policy holder'duty to explain the exclusive clause in operation-convenient way. Undoubtedly, to enhance the study of legal problems in the public liability insurance can be benefit to continuously improve the public liability insurance system, promote the development of the operation of the public liability insurance using complete and mature theory, protect the masses'vital interest and thus keep the stability of the whole society.