The Research Of Motor Vehicle Compulsory Liability Insurance Legislation

The motor vehicle widespread application caused humanity's life to have the unprecedented change, which reducing people's contact space and raising people's general efficiency, it let the world to be smaller, and provides a strong boost for the high speed development of the economic society's in various countries. When the production and popularization of Vehicle motor brings unprecedentedly convenient to the humanity, it also causes the humanity to withstand the unprecedented latent threat. In many countries, the traffic accident has become threatens and hidden danger to the people personal safety and the property security, which has created the massive loss for the development of economy.At present, the majority country and the area have already to use law article's form to stipulate the Motor vehicle compulsion liability insurance system. Motor Vehicle Compulsory Liability Insurance Laws is an efficient path which passing through a long time to protect the third person suffering injury in the traffic accident in various countries. Various countries' practice proved: The motor vehicle compulsion liability insurance can effectively spread the compensate risk causes by the traffic accident, and moreover can be advantageous in protects victim's legitimate rights and interests. Motor vehicle compulsion liability insurance laws in our country are late, many experiences of other countries and the area are worth us studying and using for reference. Unifies our country concrete national condition, carrying on the thorough discussion to the theory of system of vehicle compulsion liability insurance is one practice significance work.This article is composed of the introduction and four main parts. The introduction includes the background, the value, overseas research results until now, the main content and method of the topic researched in this paper. In the end of the introduction, it argues the innovation and insufficient.The first part is the introduction of the insurance system. First, what is motor vehicle liability insurance? Motor vehicle is the key factor in the traffic accidents, so the exact conception of motor vehicle is important to understand the system; Secondly, the insurance is public welfare which is compulsory and compensated to the third. Next, the compensation involves the pre-accident compensation and the post-accident compensation. The pre-accident compensation benefits the improvement of traffic safety awareness and the development of the insurance and auto industry, the related research as well; the post-accident compensation offers the compensation to the victim in time and shares the rick with the insurant. Last, the paper analyses the basic legal relationship of the insurance. The legal positions of the clients concerned are different, so their legal obligations are different.The second part is the comparison of the motor vehicle compulsory insurance in some overseas countries and region, which are Britain, Germany, the USA, Japan and China Taiwan. The compare involves the history of this kind of insurance in these overseas countries and China Taiwan from a perspective of legislation, which results in a better understand of current legislation in the country/region and gives references to China.The third part is the motor vehicle insurance of legislation in China. The system in China is developing with the promulgation of Insurance Law, Traffic Safety Law and regulations. First, the principle of the regulations is considering liability for fault and strict liability meanwhile with compulsoriness. However, every legislation in the field of motor vehicle insurance is intensely controversial from non-responsibility regulation to drivers is carried out because the theory base and system research of the legislation of the motor vehicle insurance are insufficient leading to misunderstand even distort. This paper sums up some faults of the motor vehicle insurance as followed:1 the benefit to public welfare is not significant;2 the market is less competitive;3 the range of insurant is fuzzy;4 the range of victim is small;5 property compensation is involved in this insurance;6 the rate and limit of this insurance are uniformly provided by the State;7 the regulation about party with the duty is fuzzy;8 the regulation of the direct request right of the third party is not to the core;9 the management of social relieving fund has less operability.The fourth part is how to improve the system of the motor vehicle compulsory insurance in China. The paper concludes the belief and state-should-be of the motor vehicle insurance and argues the solutions of the faults mentioned in the third part with the actual situation in China for the purpose of improving the insurance relieving system to the traffic accident victims.