A Study On The Direct Claim Of The Third Party In China 's Motor Vehicle Compulsory Liability Insurance

With the development of theory and practice of compulsory motor vehicle liability insurance, specified in the legislation of many countries to victims of traffic accidents in the third party insurers have the right to direct requests, system gradually tilted to the injured third party, so that it can be timely and effective assistance.In accordance with China new insurance 65th article provides, third people on insurer enjoys directly requests right in specific conditions. This is China third people directly requests right legislation of major breakthrough, but the terms little number language evasive, lack corresponding of legal explained and added provides, in practice using in the on many problem of understanding still exists larger differences, led to practice operation process in the problem constantly.Therefore, correctly understand the meaning and spirit of legislation of insurance law of China, scientific construction of China compulsory motor vehicle liability insurance claims to third party institutional framework, means a great deal to promote social equity and justice and to protect the legitimate rights and interests of the third party.The essay includes three parts:The first part Based on direct claim right of third party legal analysis,after briefly introduction of the system of compulsory motor vehicle liability insurance’s value and the nature of the third party’s direct request right, from the civil liability system of development and breakthrough of the privity of contracts based on direct request right of third party legal principles discussed,direct request right then injured a third person to the theory, this paper analyzes the "legal right", and "original acquisition", "right", and "right of subrogation", and "responsibility-free removal of said payment" "statutory debt share says ".Demonstrates that our third party claim should be based on "original acquisition" as the cornerstone of his theory of academic viewpoints,that is to say the injured third party in a traffic accident while under the law, independent of the original equal with the insured claims.The second part through analysis of China’s law on compulsory motor vehicle liability insurance law and related regulations, I find that when involving an injured third party claim provisions it always hedged,what’s more,the provisions are not clear and comprehensive.There are still deficiencies on direct request right of the third party system:firstly, it is the lack of clear giving directly to the third party claim provisions.secondly,it is too narrow about the victims of compulsory motor vehicle liability insurance in the third person.thirdly, Insurance compensation mechanism is unreasonable.The third part is the core part of the article, this paper takes an in-depth exploration in terms of the defects of legislation direct request of the third party. Based on the current judicial practice,and at the same time learns from the experience of other countries,this paper puts many advice to complete the direct request of the third party.First of all, law should explicitly giving directly to direct request of the third party and Refine directly request the exercise of the right of the third party rule, properly applied in practice. In the second place, compulsory motor vehicle liability insurance to be re-factored the scope of injured third parties. In the last part, Compensation mechanism to rationally adjust the motor vehicle liability insurance, improve the effectiveness of insurance payments.In my opinion, Human rights protection as one of the standards can measure the soundness of the legal system of the State. And if it gives the direct request right to the third party, they can not only be more actively protect their own rights so that to make up their loss timely.but also can improve the theory of compulsory motor vehicle liability insurance and to promote the harmonious development of society. Therefore China should provide adequate legal support to the direct request right of third party compulsory motor vehicle liability insurance.