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Study On The Relation Between Accidents-compulsory Insurance And Commercial Insurance Of The-third Liability

Posted on:2009-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:W M XieFull Text:PDF
GTID:2166360242490251Subject:Law
Abstract/Summary:PDF Full Text Request
Since the implementation of Motor vehicle accidents responsibility of the compulsory insurance (referred to "the Ordinance") in July 1, 2006, now there have some Vehicle owners not only buy a motor vehicle liability compulsory insurance (referred to accidents-compulsory insurance), but also buy a commercial third party insurance, so after the accident occurred, there are two types of insurances, the legal basis, legal nature, division of responsibility, premium rates of the two types insurances are different, so we should not be confused in the application of the law.According to the provisions of the law, the third party is entitled to the direct request of the insurance companies in the accidents-compulsory insurance, but for the third party commercial insurance, there is still controversy whether the third party is entitled to the direct request of the insurance companies, if the accidents-compulsory insurance and commercial insurance of the third party are dealt with together in the same case, the efficiency of trial will be raised , litigation resources will be saved and litigation of the parties will be reduced, the purpose of building a harmonious society and justice for the people will also be achieve, but the majority of our courts do not dealt with the accidents-compulsory insurance and commercial insurance of the third party together In the same case because they think the third party is not entitled to the direct request of the insurance companies in the commercial insurance of the third party, and it is not good for the protection of the third party. along with economic development, there will be lots of traffic accidents, in order to guarantee the third party got the fastest and most complete protection, China should try to improve the related laws and regulations so as to provide legal environment for the trial.
Keywords/Search Tags:third party commercial insurance, accidents-compulsory insurance, duplicate insurance, request of third party, the merger of trial, trial way
PDF Full Text Request
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