Compulsory Third Party Liability Insurance Study

The rapidly increased vehicles in China make the roads crowded and cause more and more traffic accidents. The society has the responsibility to offer remedies to the suffering third party of these accidents. The third party liability compulsory insurance of motor vehicle is one of the effective ways to solve the problem.First the thesis gives a general definition of the concept, attribution and characteristic of the third party liability compulsory insurance of motor vehicle. It then divides the main part of the thesis into two parts, and separately discusses the contract parties and the contract-related parties of the third party liability compulsory insurance of motor vehicle.The contract parties of the third party liability compulsory insurance of motor vehicle are also divided into two parts, the insured and the insurer. In the part of the insured, the author presents the necessary conditions the insured should have, that is the insured should have the complete behavior capability, the controlling power and the controlling benefit by learning the "managing and offering liabilities" of Japan. And it also suggests to widen the scope of the insured, which includes the owner of the motor vehicle, the renter, the renter of the financing leasehold of the motor vehicle as well as the installment payer who still has the ownership, and it also takes the driver who has a license as a short time insured when he drives a car temporarily.In the part of the insurer, the author particularly discusses the foundation of the insurance liability of the insurer, the scope of the insurance liability, and the subrogation power and repaying power of the insurer. The author gives several opinions. First, the principle to burden the insurance liability should be "no-fault liability principle ", and the insurer should take the responsibility of the insurant's intent action in some conditions. Second, the scope of the insurance liability should be widened. Third, an amendment to solve the conflicts between the insurer' subrogation power and the insurant' repay right to the third person has been presented, that is, when the insurance pay can compensate the victim sufficiently, the common rule will be applied; When the insurance pay can not completely compensate the victim, the insurant' insufficient pay should have the priority than the insurer' subrogation power.