The Study On The Compulsory Insurance Of Vehicle Traffic Accident In China

The Compulsory Insurance of Vehicle Traffic Accident is mandatory when the accident is happened, the parties shared liability and timely compensation for victims of the loss of a basic system. Insurance with foreign developed countries, China's vehicle traffic compulsory insurance system is still at its initial stage of development, the compulsory motor vehicle liability insurance on the basis of theoretical research is still relatively weak, the relevant provisions of still sound system to build the theory of the lack of adequate support, Wait for a number of laws to clarify and resolve the problem. So I brought a strong sense of mission to participate in the study of the problem.This article is divided into three sections. The first part first introduced with the popularity of motor vehicles, traffic accidents resulting in loss of life and property has become increasingly serious. Motor vehicle traffic problem is not only economic, but also a comprehensive social problems. Necessary to solve this problem from the legal, economic and technical aspects and so on. The most important of which is identified by law enforcement of motor vehicle traffic accident liability insurance, which led to the compulsory motor vehicle liability insurance system for the generation and development. Second, I use a larger space on the system of compulsory insurance of motor vehicles duty basic legal issues in depth analysis. The author believes that because of the compulsory motor vehicle liability insurance system in our country is still a new thing, people do not know it thoroughly, insurance practice much of the operation and the system falls far short of the fundamental requirements, which caused disputes, therefore enhance the motor vehicle liability insurance mandatory basic law is necessary to discuss the problem. I focus on the compulsory motor vehicle liability insurance and characteristics of the meaning of the legal relationship between the start in this regard. Third, motor vehicle liability insurance law enforcement relations, including the principal, object, content areas. Compulsory motor vehicle liability insurance insurance main parties at the relationship between people and insurance, the insured and the insurer are parties to the insurance, the insured person and injured a third person are the insurance relationship. Compulsory motor vehicle liability insurance is for the victims and the existence of a third person, if there is no third person, the compulsory insurance of motor vehicles will also be meaningless. Finally, the introduction of compulsory motor vehicle liability insurance system in the development of our country. Elaborated on China's motor vehicle traffic accident liability insurance system from"a piece of white paper"to the gradual improvement of the historical process. The second part has mainly compared several typical overseas developed country vehicle compulsion liability insurance systems. First introduced American, British, the Japanese vehicle compulsion liability insurance system respective chief feature and the practice. For example, the US through distributes the market to insure the high-risk driver to take out insurance the service not to have the error insurance system, Britain is characteristic"the green card system"and the vehicle third party risk compulsory insurance and pays damages the ability proof system coexistent system; Japan altogether guarantees the joint management pattern and suffers injury the third person of direct request power system. Next summarized the above country through comparative analysis's method after practicing the vehicle compulsion liability insurance system to accumulate and is worth several aspects which our country used for reference to experience. For example, the vehicle compulsion liability insurance is not the business insurance, is one kind borrows the commercialization operation the compulsory insurance, the compulsion insurance amount should according to the national level of development to determine that the junction strong danger and the bundle sale also have the very wide difference and so on.The third part of the author in order to achieve balance of interests as the starting point and try to perfect the relevant laws and regulations to gives several comments. Undeniably the traffic accident responsibility compulsory insurance system's establishment to consummates our country's legislative system, safeguards the people personal safety and property, promotes the road traffic security as well as maintains aspects and so on social stability to have the important meaning. But how to safeguard this system to be able in the driver, the Insurance company, the victim and between family member all quarters implements fairly, achieves all quarters benefit balanced, is not a simple question.. The author acts according to own research, puts forward the legislative proposal in the following several aspects to our country mechanical transport accident risk compulsory insurance. The hope can promote our country mechanical transport accident risk compulsory insurance system unceasing consummation and the development. First, must change the existing compensation ceiling system. After will die the disabled compensation and the medical expense compensation merge, stipulated that its liability limit, and changes the hypothesis liability insurance's ceiling the stipulation liability insurance quota the lower limit, determined reasonably the fluctuation premium rate the computation basis, competition, the victim benefit's for Insurance company's between full safeguard, insured's discrete driving provides the system support. Second, suffers injury the third person to request the power directly richly the content. For example, additionally builds not suitable"the repel shows and guarantees the principle"the stipulation, the insurance money to pay the object only to define to suffer injury the third person and so on. Third, fluctuation tariff adjustment. Although our country had already implemented the elastic tariff system, but our country must absorb to an insured side sex, the age, the professional characteristic, harnesses factors and so on age and driving environment, carries on the overall evaluation. May profit from country's and so on Germany, Britain in this aspect stipulations, implements the car insurance rank system, vehicle owner and vehicles refinement for different community, different situation different treatment, but the national legislation only need stipulate a traffic accident responsibility compulsory insurance tariff the fluctuation sector. Fourth, perfect mechanical transport accident risk compulsory insurance business model. Our country mechanical transport accident risk compulsory insurance should use the Insurance company to entrust the government to replace the management the way. The premium rate makes the adjustment by the Insurance Regulatory Commission according to each year overall profit or the loss situation to the next year premium rate. If the same year mechanical transport accident risk compulsory insurance's management seeking to make a profit, obtained the profit first should make up old times'loss, the remaining sum takes the special reserve fund to use to make up has the loss which in the future the possibility produced; If the same year presented the loss, used the special reserve fund to make up, the insufficient part gave the subsidy by the government finance. Cannot let have the seeking to make a profit nature Insurance company to come for the government and the entire society pays. Fifth, the society rescues the fund system the consummation. First, the expansion society rescues the fund origin. Next, or it assigns the organization manage funds by the security traffic Control section. Finally, entrusts with the request rescue fund corresponding right of suit. Sixth, pays on account the golden system's introduction. After the mechanical transport accident occurs, the victim suspend pay medical service time, the insured may the liability insurance card mortgage in the hospital, guarantee that the victim can rescue promptly. Rescues medical expense which the victim produces, transfers directly by the hospital depending on the insurance card's account number from the Insurance company.