The Problems And The Countermeasures In The Implementation Of Compulsory Traffic Accident Liability Insurance

According to on May 1st 2004 formally implementing the provisions of The Law of Traffic Safety, our country in a nationwide enforce the motor vehicle third party liability insurance, and establish Road traffic accident social relief fund. Because the road traffic safety law provisions comparison principle and abstraction, the dispute in practice is relatively large, the state council formulates the regulation regarding compulsory liability insurance for auto road traffic accident is responsible for implementing motor vehicle third party liability insurance system.As China's first compulsory insurance system, making the victims of relief traffic accident, eases of social contradictions, and promote social stability and harmony, motor vehicle third party liability insurance plays an important role. More through the survey implementation of third party liability insurance system, existing prominent problems, find out the reasons of problems, analysis related provisions to the law, compare the relevant regulations of foreign third party liability insurance, and amend insurance regulations, perfect the third party liability insurance system, the paper puts forward to some solutions.This paper focuses on discussing empirical research, used in the process of data and case to illustrate problems. There are two parts in this article:The first part, through the analysis of the vehicle implementation in 2009, and puts forward the data notice the motorcycle, tractor insurance rate is not high, and analyze reasons. About social hot "drunk driving, driving without a license" whether it should be compensated, analysis applicable to the law and judge the legislation intention of the regulation regarding compulsory liability insurance for auto road traffic accident, eventually got about driving without a license, drunk driving relevant regulations shall not reasonable conclusion. Pass to introduce our country death pays limits and medical expense limits, and analysis the limit of Japan,Taiwan, comes to a conclusion that death disability limit not expressly disable grade and low medical limit is unreasonable. Through introduction of auxiliary system - assistance funds system, points out that the system no provisions about the limit of rescue expenses,management institutions of assistance funds,the fund source proportion and the process of the paid rescue expense is too complex. Through the practice of insurance companies paid little phenomenon analysis, the insurance contract clause "misinterpreted" the 22 of compulsory liability insurance for auto road traffic accident regulation is sticking point.The two part, according to motorcycle,tractor insurance rate is low, improve the insurance rate in various ways is the most important to practice good the third party liability insurance. For unlicensed, drunk driving compensation is not reasonable, and advances the defects of the system of two questions, proposes revised compulsory insurance of liability of traffic accidents, regulations 22 and improve the limits of liability insurance. According to salvage the problems existing in the fund system, proposed that management agencies should be official, semi-officially not-for-profit organizations, set up a certain limit to guard against risks, paid by various means expanding assistance funds sources to make up this deficiency countermeasures. According to the blank of paid system propose insurance company should pay the rescue expense first.