On Compulsory Third Party Liability Insurance Direct Claim

In order to solve the serious problems caused by auto accidents, many countriesstipulated compulsory automobile liability insurance law to protect the injured. It is themost prominent feature to entitle the injured to claim the insurance directly, which alsoreflects the purpose of such law to ensure the injured get compensated in time. Thus,almost all compulsory automobile liability insurance law invests the injured with rightto claim the insurance directly. In China, The Road Traffic Safety Law enacted in 2004provided that the automobile liability insurance is compulsory insurance. However, theCompulsory Automobile Liability Insurance Act issued on March 21, 2006 does notentitle the injured to claim the insurance directly, which is a defect of legislation. Onthe basis of civil law and insurance law, and by reference to the foreign respectivetheory and practice, this paper has a research on the third party's right of direct claim inthe compulsory automobile liability insurance. Firstly, this paper expounds the conceptand characteristics of the compulsory automobile liability insurance. Secondly, thispaper discusses on the problems related to the third party in the compulsory automobileliability insurance, such as the definition and extent of the third part. Thirdly, this paperfurther studies the nature of the third party's right of direct claim and problems relatedto the exercise of the right. Finally, referring to the theories and practice at home andabroad, this paper proposes some advice on the legislation of the third party's right ofdirect claim based on china's situation.