Compulsory Motor Vehicle Liability Insurance Legal System

The motor vehicle has brought people comfort and convenience, but simultaneously it has also brought harm to the humanity. Traffic accidents have occurred frequently, which has become a serious social issue. In order to disperse the risk of the road traffic accident damage compensation, safeguard prompt effective payment for the damage on body and property of victims, lessen the accident responsible party's economic compensation pressure, reduce the contradiction and the dispute of both sides, most countries have established the motor vehicle third party obligatory insurance system. The "Motor Vehicle Third Party Obligatory Insurance Regulation" has come into effect since July.l,2006. However, there are still many problems in the judicial trial. Combing the country'facts with the related foreign legislation, the thesis has carried on the discussion and analysis concerning the related legal theory of the motor vehicle traffic accident obligatory insurance system, and proposed some viewpoints at the same time. It can divide into four parts except the introduction and the conclusion.The first part is the generalization of the motor vehicle traffic accident obligatory insurance system. Firstly, the author analyzes the nature and characteristics of the motor vehicle third party obligatory insurance, and introduces the development and evolution course of the motor vehicle third party obligatory insurance system, illustrates the basic principles of the third party obligatory insurance. The thesis also probes into contacts and differences between the commercial third party insurance and the motor vehicle third party obligatory insurance system.The content of the second part is about the responsibility scope of third party in the vehicle third party obligatory insurance. Firstly, it talks about the compensation scope of the motor vehicle traffic accident obligatory insurance system. Secondly, it introduces responsibility exemption and exception. Thirdly, it focuses on its responsibility quota and how to ascertain the responsibility quota principle. Finally, it evaluates the responsibility quota.The content of the third part is about the law issues concerning the motor vehicle traffic accident obligatory insurance. At the beginning, it talks about the scope of the third person, putting emphasis on whether all the people on the motor vehicle belong to the scope of the third party. Next, it analyzes the third person's direct claim rights. Here the author puts emphases on the theoretic basements of the direct claims of the third person, and the legislation in China and foreign countries. Then the author comments different opinions on the direct claims of the third person in the theorists. In the trial practice, the insurance company may participate in the lawsuit as the third person that has direct claims depending on application or informed by the people's court.