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Study On Liability Insurance Suitable In The Judicature Of Vehicle Forces

Posted on:2008-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:T TianFull Text:PDF
GTID:2166360248952796Subject:Law
Abstract/Summary:PDF Full Text Request
Insurance is divided into commercial insurance, social insurance, and semi-social insurance. Liability insurance is commercial insurance which the insurer to the insured to a third person should be held responsible for damages subject of insurance for the insurance. In order to safeguard the interests of the community a third public welfare, the protection of victims of a third person to play the role of liability insurance in the 19th century and break the freedom of contract, a mandatory liability insurance division, and in the early 20th century with the rapid increase in motor vehicles countries, the frequent traffic accidents occurred from the first compulsory liability insurance employers liability insurance to the motor vehicle development areas. The United States, Britain, Germany, Japan and other countries and China's Taiwan region has established a compulsory automobile liability insurance system, compulsory for motor vehicle liability insurance coverage in the system, the attribution principles, the scope of the third party, the right to request compensation for the victims directly, liability insurance and the social insurance has a fitness such use has made accordingly. Compulsory motor vehicle liability insurance in China began in the 198 0s, but in May 1, 2004, "Law on Road Traffic Safety", before the implementation of China's no laws and administrative regulations on motor vehicle liability insurance mandatory stipulations. "Road Traffic Safety Law" was implemented after 2002, "Motor Vehicle Traffic Accident responsibility compulsory insurance regulations" in the July 1, 2006 implementation. However, the "Law on Road Traffic Safety," Section 17, 76 and the "motor vehicle accidents responsibility compulsory insurance regulations," there are relevant provisions of the conflict, and the two provisions are not perfect themselves, resulting in the judicial application to have some problems. If 1, motor vehicle compulsory third party liability insurance in the system identified 2, the motor vehicle third party liability insurance is compulsory insurance 3, insurers should not burden the spirit of a third victim he 4, motor vehicle liability insurance mandatory social insurance competing with the judicial application of 5, whether the victim enjoy direct compensation request My opinion on these issues should expand the scope of a third party; Implementation of the "Road Traffic Safety Law,A" and raise the amount of liability insurance. The scope of protection should not include moral damage. Victims have the right to choose, not part of the right to request another insurance payments, given the direct request.
Keywords/Search Tags:commercial insurance, social security, liability insurance, vehicle forces, ability insurance
PDF Full Text Request
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