Legal Issues. Compulsory Third Party Liability Insurance And Commercial Insurance Coexist Compensation Analysis

With the road accidents occur frequently, it is essential to establish a legal mechanism to protect victims for social stability and economic construction. As a result, we should build the multi-layered security system on the motor vehicle road traffic accident to protect victims, which includes the social assistance system, mandatory insurance, business insurance, tort damages, and so on. China's motor vehicle third party liability insurance has operated for a long time, while the motor vehicle third party liability insurance established in May 2004 called implementation of the People's Republic of China on Road Traffic Safety Law.After then every province has made their own mandatory liability insurance legislation. In 2006, the "motor vehicle compulsory third party liability insurance regulations" unified the motor vehicle compulsory third party liability insurance system. However, the introduction of compulsory insurance, competing with commercial insurance compensation, compulsory third party liability motor vehicle insurance payments are in the first place, commercial insurance as a supplement, will be different from the traditional commercial motor vehicle third party liability insurance payments, the two competing compensation arising from a variety of legal issues. The paper analyses the background of third-party liability insurance and then put forward legal issues third party compulsory motor vehicle insurance and commercial insurance compensation, studying reasons and regulations, produces the idea to set up reasonable system. The paper has four parts, excluding the introduction and the conclusion.The first part introduces status quo of the motor vehicle third party liability insurance and background in China. Section I analyzes the motor vehicle third party liability insurance. SectionⅡintroduces the overseas legislation cases of motor vehicle third party liability. SectionⅢanalyzes China's motor vehicle third party liability insurance background. SectionⅣpresents the status quo of our third party motor liability insurance. By comparing historical changes with overseas, motor vehicles third party liability insurance in China is different overseas, the development model is easier to bring confliction in law.The second part discusses the legal issues between compulsory motor vehicle third party liability insurance and commercial insurance. SectionⅠpresents the major legal issues is big confliction on compensation for property, the exception of responsibility, compensation, and the legal status of the insurance people. SectionⅡanalyses the reasons of forming the system, economic and public awareness and so on. SectionⅢanalyses the four specific law issues based on the legal issues one by one.The third part analyses the regulatory system of China's motor vehicle third party liability insurance legally. Section I explores the legal issues of the conflict on the path where analysis of the regulatory system. SectionⅡdiscusses how to perfect the property compensation, the exception of responsibility, compensation, and the legal status of the insurance people.The fourth part constructs the compulsory third party motor vehicle insurance and commercial insurance compensation for competing channels. Section I issues the legal application of values orientation, thinking the protection victims and development of the insurance market are the most important aspects of the two values orientation. SectionⅡbrings specific advices of legal application on how to resolve the legal issues.