Jurisprudential Analysis Of Compulsory Traffic Accident Liability Insurance Regulation

The balance and harmony of state power and private right are important symbols of the social civilization and development. Because our country is influenced by traditional concepts and the Planned Economic System, the state power and the private right are in an unbalance condition. In the field of insurance, the Compulsory Traffic Accident Liability Insurance as the first compulsory insurance which is formed of national legislation and the state power intervenes in the private right by legal form. The purpose of the system is to provide a basic protection to the third part as victims in traffic accidents so that the damages to them can be compensated rapidly. The Compulsory Traffic Accident Liability Insurance Regulation exerts important influence in many aspects. However, due to the insufficiency of the Regulation itself, there are many problems and contradictions in its practical implementing course. The underlying reason is the state power intervenes in the private right improperly. Now the study of the system is almost about reasonable construction of it, and is lack of support for the basic legal theory. The purpose of this thesis is analyzing the issues from the perspective of jurisprudence and sociology of law, especially the issue about the relationship between the state power and the private right. That is beyond the framework of the traditional system, and proposing amendments without limitation in the provision. So, the research of the thesis enriched the study of jurisprudence. It gave more attention to department law and real life. It used the method of dialectical thinking from the abstract to the concrete, and linked theory with practice. The study of jurisprudence will be more practical.The thesis is composed of the introduction and four main parts. Firstly, it analyzed the ideal relationship and the real relationship between the state power and the private right. Secondly, when the state power intervenes in the private right, it must abide by the principle of righteousness, the principle of legitimacy and the principle of procedure. Thirdly, there are two ways while the state power intervened the field of insurance. They are government regulation and government intervention. Of this total, the compulsory insurance is one important method in government intervention. According to it, the thesis analyzed the relationship between the state power and the private right about the Compulsory Traffic Accident Liability Insurance Regulation. The key to the study is that the government who making this law needs to abide by the principle of righteousness. Fourthly, from the aspects of the legislative procedure and the entity content, this thesis analyzed that the regulation acted against the principle of procedure, and analyzed the causes of it. At last, combining with the practice of legislation about the compulsory automobile liability insurance of America and Taiwan, this thesis proposed relevant amendments from the point of jurisprudence.