Research On The Law Of Compulsory Liability Insurance For Vehicle Traffic Accident Of China

Due to the great danger of vehicle traffic accident and the increasing traffic accidents caused by elevation of motor vehicle in recent years, compulsory liability insurance of vehicle traffic accident has been a popular research object in our country's legal and financial circle, and the work and discussion of legal system relating to the risk of research are emerging at home and abroad.In our country, The Compulsory Liability Insurance Ordinance of Vehicle Traffic Accident(short to "Ordinance"), approved on March 28th,2008,took effect in July lth in the same year,signified the inicial bulding of the law of Compulsory Liability Insurance of Vehicle Traffic Accident in china,which composed main of the Law of the People's Republic of China on Road Traffic Safety(short to "Safety") and the Ordinance,with other rules and regulations supporting.Ordinance stated more explictly and in detail on compulsion,insurance applicant, insurance underwriter and criterion of liability than Safety and Ordinance.However,limited by changing social condition and defects in legislative design,several problems arisen among the process of enforcement of Ordinance. Based on a reference of experiences and lessons of related regulations in other nations and states,this paper summarizes the problems above.put forth concrete law suggestions for Compulsory Liability Insurance of Vehicle Traffic Accident of China.This paper devided into five parts.The first part makes an accurate definition of the legal concept of Compulsory Liability Insurance of Vehicle Traffic Accident,summarizes the differences between commercial third party insurance and compulsory liability insurance of vehicle traffic accident.The second part makes an introduction about the history evolution of law of Compulsory Liability Insurance of Vehicle Traffic Accident in our country,contains three stages:the preparatory stage of Compulsory Liability Insurance before the implement of the Law of the People's Republic of China on Road Traffic Safety;the transitional stage of development after the enforcement of the Law of the People's Republic of China on Road Traffic Safety;the inicial building stage after the enforcement of Ordinance,and finally analyzes contributions and inadequacies of stages.The third part makes an analysis about the problems arisen among the enforcement of the law of Cmpulsory Lability Isurance of Vhicle Taffic Acident in our country from legal and practical perspectives, which are the conflict between nature of Compulsory Liability Insurance of Vehicle Traffic Accident and the profit-persuing of insurance company,the excessively broad scope of compensation,the over-narrow arrange of the Third Party,the excessively low propotion of insurance cover,the excessive unity of insurance rate,and the indistinct rules of direct request right of road traffic accident victims.The fourth part discusses the related law of Compulsory Liability Insurance of Vehicle Traffic Accident in other countries and states,includes the unique feature and experiences in America,British and Taiwan region of China,especially Taiwan region,to provide law references and considerantions in maturing Cmpulsory Lability Isurance of Vhicle Taffic Acident of our country.The fifth part,the focal point of this thesis,also the conclusion of the above four parts,first illustrates the legal and pratical basis of maturing Cmpulsory Lability Isurance of Vhicle Taffic Acident in our country,then put forward specific law suggestions of Cmpulsory Lability Isurance of Vhicle Taffic Accident in our country,which contains rebuilding of operating modal of Cmpulsory Lability Isurance of Vhicle Taffic Acident, reducing the scope of compensations,redefining the boundary of "The Third party",improving the propaganda and supervision system.This thesis applys diversified analytical methods of sociology of law, econominc law, comparison, history, valuation and positivism.