Reserarch On The Direct Claim Right To The Third Party In The Compulsory Motor Vehicle Insurance In China

The third party's right of direct claim in the compulsory automobile liability insurance, which aims at entitling the injured to claim the insurance in time and embodies the equality and justice of law, is important content of compulsory automobile liability insurance in many countries. But it's slow in China. The law of the people′s Republic of China on Road Traffic Safety (hereinafter The Law on Road Traffic Safety) rules the compulsory automobile liability insurance for the first time in 2004. Insurance Law of the People's Republic of China (hereinafter Insurance Law) entitles the injury to claim the insurance directly in some situations, it's a great improvement. However, with the rapid development of motor vehicle industry and the dramatic increase of the number of motor vehicles, the automobile brings the benefits of extraordinary convenience and high-efficiency. The occurrence of traffic accidents leads the pain heavy economy burden to the public. In order to compensate for the victims in traffic accidents and maintain road traffic order. the third party's right of direct claim in the compulsory automobile liability insurance needs to improve urgently.According to the related law of other countries and the situation of our country, this paper analyses the related law theories and law practice by directly requiring motor vehicle liability insurance for the third person. It also puts forward a few standpoints, in order to compensate for the victim's damage in a more effective and fair way, which enforces the function of motor vehicles responsibility compulsory insurance.In this paper, the Direct Claim Right to the Third Party in the Compulsory Motor Vehicle Insurance to the theory of starting exploration research, and it's focused on the two aspects: the legal meaning of the right about the third person to be paid high insurance claims directly and the nature. Among them, the third party in the compulsory motor vehicle Insurance identification of the nature covers a lot of representation theory and relativity theory's break from the contract. First, according to the induction and analysis of this article, the direct claim right to the third party in the compulsory motor vehicle Insurance, the law says that when the third person suffers losses in traffic accidents, he can claim directly against the insurer's statutory right to relief, not independent entities and harmony with the right of defense litigation in a claim. Secondly, the direct claim right to the third party in the compulsory motor vehicle Insurance to the main theories including the "legal rights", "the original acquisition", " Responsibility to pay off the theory of free ", " Theory in The shared responsibility of statutory debt" and "The righ to transfer theory and Rights of subrogation theory ".This paper analyzes the pros and cons of the theory which puts forward the direct claim right to the third party in the compulsory motor vehicle Insurance, "the original acquisition " that as the theoretical basis of the academic point of view. Then, from this perspective of the principle of the contract, that contract theory of relativity and the development of a breakthrough in the direct claim right to the third party in the compulsory motor vehicle Insurance to the production to create a theoretical conditions.In comparing the relevant countries or regions on the direct claim right to the third party in the compulsory motor vehicle Insurance on the basis of legislative norms, the paper is focused on analysis of the direct claim right to the third party in the compulsory motor vehicle Insurance in China to the status of the rules and problems. In the The Law of the People's Republic of China on Road Traffic Safety and The Act on Compulsory Liability Insurance of Motor Vehicles'Traffic Accidents failed to award the third party the direct petition-right to insurance company. The new Insurance Law provides for the conditions which revised in 2009 attaches to the direct claim right to the third party, but can not fully protect the rights of human rights. Accordingly, Our country is not only required to the direct claim right to the third party rules to be clarified, but also learn from other countries or regional legislation on the no-fault insurance, advance payments and other related rules, to improve the direct claim right to the third party in the compulsory motor vehicle Insurance system. This article is focused on the direct claim right to the third party in the compulsory motor vehicle Insurance in China to discuss the lack of the perform, and this indicates the standard direction. This section describes the direct claim right to the third party in the exercise of the right objects ,the exercise conditions, the exercise of the main range and scope of compensation based on the four areas, with the direct claim right to the third party in the compulsory motor vehicle Insurance to the practice cases, indicating a strong cross-country insurance direct third party the right to regulate the direction of the request. According to regulate the direction of the guidelines, this article on the direct claim right to the third party in the compulsory motor vehicle Insurance to the legislative perfection of their four points: the legislation clearly gives the right to request the third party directly, scientific definition of the scope of the injured third person, a reasonable limit the direct claim right to the third party in the compulsory motor vehicle Insurance in China and the establishment of the scope of advance payment system.Our country should direct request for the right of the third person to advance payment system and the accident compensation system which is established to provide adequate legal support. In the direct claim right to the third party exercise of the main range, the third person who injured should include the insured persons and vehicles outside the car on the third person, but the loss of motor vehicle accidents is except the insured and the driver. In the third victim claim compensation directly to the scope, the scope of our compensation system should be changed by the double indemnity compensation for the third person who injured to the only personal injury compensation system for a single.