Traffic Insurance Legal System

With the fast development of economy in our country and the increase of the amount of automobiles, research in the field of the insurance of the vehicles damage to the third party deepen and prevail through it has a short history in our country. On the one hand, it tells that the law pays more attention to the human rights protection; on the other hand, it is those researchers who want to seek a balancing point between fair and just as well as human right and social order. Thus this paper discuss several important problems related to this regulation with a good wish to facilitate its improvement.The first part is a general introduction to the insurance of the vehicles damage to the third party, including the concept, features and the origin of the name. Then it points out that the insurance is human oriented. The author concludes three features for this insurance, including coercive, public interest, the third party and widespread etc. Followed by the function of the insurance, the author introduces the cause and the particular situation in our country in detail.The second part is a systematic introduction of the parties in the insurance of vehicle damage to the third party, firstly, who can be the obligor and further points out that the scope of obligors shouldn't widespread to fit for the interest of different parties. Secondly, the protection for the victim, the scope of victims is widely debated between the academic circle and the jurisdiction circle. Considering the aim of the insurance, the author believe that the insurant shall not be includes in the scope of victims except for the passengers. At last, it discusses the problem of insurer and points out that the law stipulates that the insurer shall be domestic capital corporation which violate the equal principle of insurance law and not good for the development of the insurance business.The third part is about insurable interest, a preliminary condition for the efficacy of the insurance contract, means the civil responsibility that the insurant shall burden to the third party. The author believes "control" and "interest" shall be regarded to recognize insurance interest. At the same time, the problem of exception and restriction is also discussed. Combined with the problem of the limitation of compensation of the insurer is just the two sides of a problem to which we should pay more attention.The fourth part is a research about the insurance interest. In the field of the insurance of the vehicles damage to the third party, it is the automobile, as for the concept of automobile; this paper adopts the idea of most researchers that is vehicles driven by mechanical devices. The following is about the scope of vehicles, it is unreasonable to ask all vehicles to apply for this insurance in our country, so the author confined the scope of vehicles from several aspects.The fifth part is about the tort liability of automobiles. It varies from country to country, especially in this field. The law stipulates the claim right of the insurer to the insurant under certain conditions, so it is an incomplete liability without fault. This shows the legal emphasis in our country, especially the debate about article 76 never ceased, so it is suggested that it shall be discussed in the new round of amendment.The sixth part is about the insurance fees, which relates to the interests of different parties and symbols the principle of non-profit and non-loss. Floating fee rates is just a phenomenon, which foster the insurer to enhance safety awareness and avoid moral risks. This part mainly discusses the specific measures and the system of award and punish of the floating fees rates.