Compulsory Motor Vehicle Liability Insurance Of The Interests Of Protection Of A Third Person

The compulsory liability insurance system of motor vehicles is an insurance system set up to protect the interests of the victims of the traffic accidents in the roadway for motor vehicles and widely used by many countries and regions of the world at present. To make the third party gaining timely and sufficiently compensation, every country sometimes constitutes a series of specific measures. The compulsory liability insurance system of motor vehicles has been established in China by some laws and codes, such as "Road traffic Law on State Security" and "Motor vehicle road accident responsibility compulsory insurance regulation", that is one big progress of legislation. But our compulsory liability insurance system of motor vehicles is underway, and the relevance legal norm is faulty, being short of systematic and operability, its tenet can't be come true really at all. Status quo is: our traffic accident occurrence rate occupies the front row all over the world, the third party having no ways to claim for compensation after suffering tremendous anguish and losses. Facing the enormous contrast between digressive legal system and austere reality, how to make the third party's interest put into effect is resolved urgently in our compulsory liability insurance system of motor vehicles.So far, our theoretic researches on compulsory liability insurance system of motor vehicles have gained definite fruits. But as a whole, there are some shortages: firstly, actual theories and researches focus on the third party's right of direct claim or comprehensive discusses on our compulsory liability insurance system of motor vehicles, hardly aim at special researching on the third party's interest. If there are some researches on protecting the third party's interest, they aren't thorough and intensive, having no integrative systems; secondly, the researches don't think about our situation. Protecting the third party's interest is the ultimate purpose of the compulsory liability insurance system of motor vehicles, but the third party usually is at a disadvantage in practice. So, researching on the compulsory liability insurance system of motor vehicles which protects the third party's interest has theoretic and practical significances.This paper is divided into four parts, in addition to the parts of introduction and conclusion.The first part introduces the course of the motor vehicle liability insurance from voluntary insurance to compulsory insurance. This part includes two sections. The first section states the ultimate purpose of compulsory liability insurance system of motor vehicles on protecting insurant, so the system restricts the third party to exercise, then renders grave unbalance between parties. The last part backwards the compulsory liability insurance system of motor vehicles' history. The modern compulsory liability insurance system of motor vehicles restricts the regulations which go against the third party's interest in traditional liability insurance of motor vehicles, for example, entitling the third party the right of direct claim, putting no-fault liability principle into practice, restricting insurer's right of defense and establishing the social rescuing foundation for traffic accidents.The second part contrasting our legislation and mostly countries, figures that the third party range is too narrow in our compulsory liability insurance system of motor vehicles, and should expand the range. This part includes three sections. The first section enumerates some countries' and areas' idiographic regulations which are advanced in legislation, educes that the third party range is gradually expending in everywhere legislation and judicial practice. The second section reviews the relevant legal norm stipulations on the third party range before and after establishing our compulsory liability insurance system of motor vehicles. We can fetch that our current third party indicates the victims besides the persons on the vehicle which had occurred accident and insurant from relevant legal norm. The third section gives some legal advices to our current legislative, deems that our third party should involves all accident victims besides the insurer and drivers, and negates the point thinking the insurer's family numbers and friends don't belong to the third party.The third part concludes powerful measures and some shortages protecting the third party in our compulsory liability insurance system of motor vehicles. This part is divided into two sections. The first section affirms our current legislation on protecting the third party. Firstly, compulsory liability insurance of motor vehicles has been written in "road traffic Law on State Security". The compulsory liability insurance system of motor vehicles not only guarantees the third party's interest, but also makes for reducing traffic accident. Secondly, put no-faulty responsibility into practice. No-faulty responsibility isn't used for compulsory liability insurance system of motor vehicles all the time, but is lately used. No-faulty responsibility accords with our actuality about traffic accident damages, and protects traffic victims' interest. Lastly, establish social rescuing foundation for traffic accident. It can give basal protection to the third party without insurant damages. The second section analyzes some deficiencies. Firstly, the value concept has not been drastically followed out: our compulsory liability insurance system of motor vehicles neither endows the third party the right of direct claim nor prescribes the insurer's and insurant's obligations, that causes no practical protecting to the third party. Secondly, because the social rescuing founding has not material measure, it doesn't work as its essence in practice.The forth part puts forward some modifying suggestions about our compulsory liability insurance system of motor vehicles basing on the second section of the third part and referring oversea experiences. The section contrasting oversea and Taiwan's legislation and our current legislation, considers our legislation following commerce liability insurance concept on the insurant, and judging the insurant with whether being entitled and having driving qualification or not. The narrow range goes against ensuring the third party's interest. So, we should expand the insurant range to policy-holder and others using and running the insurant motor vehicle. The second section introduces oversea and our legislation, proposing excluding property loss from the damage range basis on the value of compulsory liability insurance system of motor vehicles and our situation. The third section suggests entitling the third party' right of direct claim in the norm or make the third party being one of the claimer, at the same time, prescribing some duties performed by the insurer and the insurant when the third party is exerting the right of direct claim. The last section is about the social rescuing foundation system. Facing the contradiction between administrative legislation leg and realistic requirement, we must perfect legislation as soon as possible. Firstly, our norm should definitudes the person administering the social rescuing founding. I think the traffic police branch adapts to administer the foundation than others, and others shoulder the supervisory duty. Secondly, we must add manners gaining the foundation. Certain proportional traffic illegal penalty, social donation, certain proportional oil tax and death damages no body succeeded are become the manners gaining the foundational. But it is necessary to prescribe payment quota of social rescuing foundation and constitute uniform rescuing standard. Thirdly, our current conditions which apply to the social rescuing foundation system can't satisfy the demand of traffic victims' interest, so must extend its applicable conditions. Lastly, norms should give the rescuing foundation right of the claim special protection, and proscribe that the rescuing foundation right of the claim can against creditor's right of claim.Generally speaking, the research methods in this thesis concern on the comparative analysis, integration theory with practice and so on. We try my best to view the compulsory liability insurance system of motor vehicles in all-round way from the respect of law science, and contribute to make the compulsory liability insurance system of motor vehicles farther systematic and general.