On The Compulsory Liability Insurance Of Vehicle Reconstruction Of The Victim's Rights Protection Mechanism

This article is intended to explore the reconstruction of victim rights protection mechanisms in our current motor vehicle accident liability compulsory insurance system. The article is divided into four parts, including the introduction and three chapters of text.As the basis and starting point for this study, the first part introduces the background of topic, the meaning and the purpose of writing, the summary of researches about our current motor vehicle accident liability compulsory insurance system, and then presents the major research methods of this study.The first chapter is "the theory basis of construction for victim rights relief mechanisms in motor vehicle accident liability compulsory insurance." It stands on that victim rights relief is the functional orientation for motor vehicle accident liability compulsory insurance system. Then do the research for the theory about victim rights relief and analyze the practical significance of the reconstruction for victim rights relief mechanisms.The second chapter is main part of this study, it expands the problems in victim rights relief mechanisms in our motor vehicle accident liability compulsory insurance. Firstly, it makes a deep research on the regulations of victim rights relief mechanisms in our motor vehicle accident liability compulsory insurance, pointing out the lack of depth in both theoretical study and practice. Then, do a detailed analysis of three problems in regulating the victim rights relief, the lack of payment basis to obtain the insurance money, the narrow scope to be awarded the compensation for victims and the existing gaps in necessary procedure mechanisms to protect victims. These three problems have inherent logic, all of them bring on the structural defects of victim rights relief mechanisms in our motor vehicle accident liability compulsory insurance.The third part is to give some legislative proposals to reconstruct victim rights relief mechanisms in our motor vehicle accident liability compulsory insurance. It suggests that motor vehicle accident liability compulsory insurance should return back to traditional mechanisms of legal liability insurance, which means the tort liability for the owner of motor vehicle should be as the basis of payment of insurance benefits. At the same time, it should make necessary balance of compulsion in compulsory insurance mechanisms by designing effective systems to enhance the timeliness and effectiveness of the compensation. Make sure the reconstruction is in line with our national circumstances and meet the global trend of victim rights relief mechanisms, in order to improve our motor vehicle accident liability compulsory insurance system and motor vehicle tort compensation system.The last part is the conclusion of study.