China's Motor Vehicle Road Traffic Accident Damages The Cases Insured Losses Controversial Legal Issues Research

Because the tort responsible party don't compensate after the driveway traffic accident, the victim's rights and interests always can't be protected. As a result, a lot of damage compensation disputes happen. Accordingly all countries will refer the insurance payment system on diversification risks and mutual aids when they treat the affairs of the damage compensations on driveway traffic accident and set up the third liability insurance system. However with the traffic accidents'increasing because of the increasing vehicles, the problem about the victims' interests'protections become more important. For this the developed countries has set up the third party liability compulsory insurance systems and a series of related ancillary systems, which give victims the rights of claim for the insurers. This aspect hasn't been rippen in our country even though it approves the fact that the insurer must pay the victim for the benefits. The loopholes and lags of the related laws lead a lot of disputes in not only the theories but also the practices.In the process of hearing cases, the author, as a judgment engaged in hearing civil cases, finds that insurers usually raise their demurrers on the insurance payment laws in the damages of the driveway traffic accidents, especially on that whether victims have the direct request right for insurers and their legal status in litigations. This has led that the victims' rights and interests can't be completely protected and the purpose of the compensation system for motor vehicle third party liability insurance can not be realized.Therefore, to use the only reason in treatment of specific cases and protect the parties'rights and interests, maintain justice's seriousness, the author has learned a lot of related treatise, periodicals and papers, summarized the different points, and discussed the controversial problems on the victims'direct request right and the insurers'legal status.According to comparing and analyzing, the author thinks that the motor vehicle third liability insurance contract belongs to the contract for the benefit of third party and the development of the theories of that and the motor vehicle third liability insurance system decides the victims' direct request right. The enjoyment of a right needs the explicit legal provision, but in our country, the victims'direct request right isn't clearly defined in "Insurance Law" and "Law of PRC on Road Traffic Safety". Therefore the victims in our country has no direct request right. This leads the lack of the way according to which victims claim requests from insurers through the interlocutory relief when necessary. Therefore, to protect victims'interests, the insurers'status must be defined. Only when insurers are put in the litigation by victims and court, the victims who have no direct request right can obtain the way which help them with the interlocutory relief. In our country, if insurers attend in the litigation in which victims prosecute insurant, the only legal basis is the theory of no independent claim of third party and system which makes insurer the third of no independent claim. In this way, not only the insurer's status can be defined, but also it is solved that the victims can not protect their rights and interests absolutely and sufficiently because of having no direct request right. In addition, the interests of insurers, insurants and victims can be kept balance.In this paper, the author hopes that the parties'legal rights and interests should be guaranteed more sufficiently and fairly, the insurance industry develops orderly and insures that victims can get effective compensations, and the purpose of the motor vehicle third party liability insurance system can be realized, and the legal system can be being perfected, the verdicts of the same cases can be kept consistent.