The Comparative Study On The Motor Vehicle Compulsory Liability Insurance System Of The Cross-straits

On March 21 2006, China published the Statute of the Motor Vehicle Compulsory Liability Insurance (the Statute for short thereinafter). The original goal of the Statute is to make the compensation for the loss of the aggrieved parties rapidly and elementally by means of the motor vehicle compulsory liability insurance so as to ensure the safety of road traffic and the stabilization of the society. Practice in the past two years indicates that the Statute hasn't.been executed well. There exist many problems in the Statute such as the range of insurance liability, proper establishment of insurance rate, protection of the third-party's benefit, and the salvation fund system. This article tries to compare "Taiwan compulsory motor liability insurance law" with the Statute, finds out the similarities and differences between them, and then analyses the causes for the differences so that we can improve the Statute according to the practice.There are three parts in this article: preface, text and conclusion, this text is divided into 3 chapters as follows:Chapter 1 is the introduction of the Motor Vehicle Compulsory Liability Insurance System of the Cross-straits. First, illuminates basic theoretical problems in motor vehicle compulsory liability insurance, which is demonstrated as quasi -social insurance. Second, introduces the system's evolution and main characters in brief. At last, analyses the importance of motor vehicle compulsory liability insurance in the construction of compensation system for the damage in traffic accidents.Chapter 2 is the comparison of the Motor Vehicle Compulsory Liability Insurance System of the Cross-straits. The comparison includes the range of insurance liability, insurance rate, the protection of victims' benefit, the salvation fund system and so on. The focus is on the deficiency of the Statute and the causes. There exist some serious questions in China in dire need of solutions, such as disunity of liability limit, overmuch exoneration matter, obscure structure of insurance rate, deficient protection of the third-party and lack of the salvation fund system.Chapter 3 has put forward some legislative suggestions for the Statute. They are as follows: to bring property loss into excluded liability; establish uniform liability limit; restrict the exoneration matter rigidly; improve insurance rate's structure and floating system; return of passenger to the third-party; endow the third-party with the right to claim directly for compensation to the insurer; improve the salvation fund system as soon as possible and enlarge the scope of compensation of salvation fund. Wish these suggestions be helpful for the improvement of the Statute.