Study On The Direct Claim Right To The Third Party In The Automobile Liability Insurance In China

The direct claim right of the third party in the automobile liability insurance are an important way for the traffic accident victims to obtain the right to relief. But we should learn the difference of compulsory motor vehicle liability insurance and commercial motor vehicle liability insurance before the right was given. Base on an analysis of the nature , the theoretical basis and the research value of the tow kinds of direct right of automobile liability insurance, this paper makes a systemic, linked but different analysis of the tow direct right ,and then puts forward proposals to improve the automobile liability insurance system.In addition to the introduction and the conclusion, the thesis is divided into four chapters.The first chapter gives an overview of the definition and the characters of the direct claim right of the third party in the automobile liability insurance, and elaborates the nature and the theoretical basis of the direct claim right of the third party in both compulsory motor vehicle liability insurance and commercial motor vehicle liability insurance. And finally analyzes the research value of the right.The second chapter introduces the direct claim right of the third party in compulsory motor vehicle liability insurance. Bases on an analysis of the overview of the direct claim right of the third party in compulsory motor vehicle liability insurance, combined with the experience of extraterritorial legislation and judicial practice of domestic, this chapter offer an answer of whether of how to give the direct claim right of the third party in compulsory motor vehicle liability insurance.The third chapter introduces the direct claim right of the third party in commercial motor vehicle liability insurance. First, it analyzes the difference of the compulsory motor vehicle liability insurance and the commercial motor vehicle liability insurance, gives a Legislative Overview of the direct claim right of the third party in commercial motor vehicle liability insurance of domestic, then puts forward the details of the Reasons, subject to exercise conditions and defense of the direct claim right of the third party in commercial motor vehicle liability insurance.