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Comparison Of Motor Vehicle Liability Insurance System

Posted on:2012-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y C ChenFull Text:PDF
GTID:2216330338462729Subject:Law
Abstract/Summary:PDF Full Text Request
Early 20th century, European countries began to motor vehicle liability compulsory insurance legislation by explicitly requested the vehicle owner or driver to be insured third party liability insurance and insurance for acts of non-payment of penalties and sanctions developed a series of measures to ensure that the dangerous condition of the vehicle after the accident sufficient funds to compensate victims of the third person.Over time, more and more attention around the world motor vehicle liability insurance in promoting road traffic safety and protect public life and property safety and social stability of the functions and role, have the form of law enforcement and regulate them, and with the the social and economic development, and constantly improve its level of protection and coverage.China's Motor Vehicle Liability Insurance of the legal system in its infancy, although currently there is national legislation and the imposition of motor vehicle liability insurance system (Traffic Insurance System), to improve road traffic safety of the construction of effective protection of victims of traffic accidents human rights, on motor vehicle Insurance System in China played a very positive impetus. But compared with other developed countries, China's strong narrow system rather late, there are many imperfections, some provisions also more general. Therefore, we should be aware that our country should focus on building stronger line with China's national conditions and risk of cross-matching system and other relevant laws and regulations.This paper focuses on the Compulsory Motor Vehicle Liability Insurance with the legal system, focusing on four aspects.First, the motor vehicle liability insurance system for analysis, introduced the concept of the development process, and on this basis of liability compulsory insurance of motor vehicles are defined legal system, summed up the legal system of motor vehicle liability compulsory insurance connotations it is necessary to protect the interests of accident victims, but also protect the interests of the insured in order to make the healthy development of motor vehicle liability compulsory insurance. Secondly, China's current motor vehicle liability compulsory insurance status of the legal system, through the "Road Traffic Safety Law" Article 17 and Article 76, "compulsory third party liability insurance regulations," draw a comprehensive studystrong narrow China's current system has the following problems:business model and do not win the conflict with the principle of no loss, the insurance claims process is complicated and costly, mandatory insurance liability limits set reasonable compensation and for the compulsory insurance supervision.Third, the selected motor vehicle liability compulsory insurance in the more developed in Germany, the United States, Japan, the three countries, reviews the responsibilities of its vehicle development process of compulsory insurance law, and summed up the responsibility of the three countries, compulsory insurance of motor vehiclescharacteristics. Especially where the responsibility for compulsory insurance of motor vehicle law system of the law of practical significance to compare well discussed.Fourth, by comparing China and Germany, Japan, the United States in the compulsory motor vehicle liability insurance law system, legislative model, the main duty and other legal system under the premise put forward for the Improvement of motor vehicle liability insurance system response:If the business Models for the giving of traffic accident victims the right to direct the request to improve the compulsory liability insurance of motor vehicle liability limits and the monitoring system on a sound legislative proposals and so on.
Keywords/Search Tags:Motor Vehicle, compulsory insurance, comparative studies, compensation
PDF Full Text Request
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