On The Legal Issues Of Motor Vehicle Compulsory Reliability Insurance In China

Motor Vehicle Traffic Accidents Reliability Compulsory Insurance is a compulsory reliability insurance whereby insurance companies provide compensation, within the compensation limitations, for the personal injury or death, or property loss suffered by the victims except the people in the vehicles and the assured, in the traffic accidents caused by the insured vehicles. The Regulations of Motor Vehicle Traffic Accidents Reliability Compulsory Insurance was promulgated on the basis of The laws of Road Traffic Safety of The People's Republic of China enacted in 2004. Compared with the insurance laws in some developed countries, the regulations of motor vehicle traffic accidents reliability compulsory insurance in our country is not mature, which needs improving in many aspects. These thesis aims to put forward some reflection and law-making suggestions.Besides introduction and conclusion, the thesis consists of three chapters:Chapter one is the generalization of motor vehicle reliability compulsory, explaining its concept, nature and features, the differences between motor vehicle compulsory reliability insurance and motor vehicle third-party reliability insurance. It is held that in our country the motor vehicle compulsory reliability insurance mainly aims to protect the victims in the road traffic accidents, which has the function of social guarantee.Chapter two focuses on the various problems existing in the implementation of the motor vehicle compulsory reliability insurance in China. The public complain about the high premium and low guarantee of our compulsory reliability insurance. In addition, its guarantee function is weakened due to the shortage of relief funds. Thus it is urgently desired that we should solve the existing problems so as to ensure the smooth and successful implementation of the compulsory reliability insurance system.Chapter three proposes the restructure of Clause 76 of the General Law of Road Transport and the abolition of the compensation for property loss in motor vehicle compulsory reliability insurance to enhance its grarantee against personal injury and/or death. Some suggestions are also put forward to improve the Regulations of Road Traffic Accident Reliability Compulsory Insurance so as to ensure the successful performance of its functions.