Study On Legal Question Of Compulsory Insurance System Of Our National Motor Vehicle Traffic Accident

Compulsory insurance system of our national motor vehicle traffic accident (compulsory traffic insurance) is an important system of sharing compensation responsibility of party and making up lost of aggrieved party while traffic accident happens. Its legal position was erected in the latest two years in our country. Due to the weak aspects of basic theory and legislation system in compulsory insurance system of our nation, the weak aspects bring many problems for judicial department of our nation; the writer has been engaged in civil trial in the court for many years so he has much experience in the problems of compulsory insurance system. Therefore, in the article, the writer lists all kinds of special problems he encountered in judicial practice, and carries out beneficial analysis and discussion from the angle of judicial practice, as well as putting forward some practical and feasible opinions which will hopefully be beneficial for administration of justice of our nation.Frequent traffic accidents bring about not only threat for human life and wealth, but also property loss and spirit pressure for both troublemakers and their families. Once the traffic accident happens, troublemakers may undertake vast economic compensation which will possibly make them fall into poverty and aggrieved parties may also lose labor capacity and source of income because of the traffic accident and become a new social problem. Therefore, it's urgent to establish a feasible and efficient risk prevention mechanism to strengthen the basic compensation ability of troublemakers, offer a basic guarantee for aggrieved parties and maintain the steady of society. The compulsory insurance system of our nation is established by the social background. Based on the aim, compulsory insurance system is full of strong public benefit and mandatory; just because of its specific characteristics different from other common insurance systems, for example, direct claim of third party and specific characteristics of insurance purposes and objects, compulsory insurance system becomes the indispensable important system in our society. There are different ways to divide the responsibility in traffic accidents and different division in responsibility after traffic accidents and different situations of different countries make the treatment of traffic accidents adopt different principles in looking into responsibility, but generally our nation adopts a mixed principle to look into the responsibility. Because the disputing core for the responsibility of traffic accident lies in the choice of different social value, on value orientation, liability for fault emphasizes on the maintenance of social public order, and liability without fault emphasizes more on the protection of social security for vulnerable groups. From development direction of our nation, possibly liability without fault fits the need of our nation's development and the concept of law rule of people first. Absolutely, no absolute good system in the world and absolute correct law system; the best law system always fits the temporal social background; from the current situation of foreign developed countries'compulsory insurance system for motor vehicle, the more developed a country's economy is, the greater amount the compensation and higher level the liability without fault is. The current criterion of liability of our nation's traffic accident responsibility doesn't fit the traditional legal theory certainly, but as far as our nation's current social background is concerned, this choice is not out of voluntary.As far as the exclusions of compulsory insurance system, great dispute exists in both theory and practice. As for this problem, laws clearly rule that only when party cause traffic accident on purpose, motor vehicle can relief, but in concrete judicial practice, involving in compensation problem of insurance company makes this problem become the most difficult problem in judicial practice. The writer will elaborate whether evidence of the item for insurance clause made by China Insurance Regulatory Commission insurance company which can avoid undertaking responsibility becomes the exclusions, and how could the court treat the problem in concrete judicial practice.In judicial practice, traffic accidents always go with joint infringement act, and how to undertake the insured liability becomes the first problem to solve, including insured liability of traffic accident of several motor vehicles; responsibility's undertaking of insurers who didn't insure compulsory insurance and the affiliated vehicles while traffic accident happens. These problems are frequent problems in judicial practice, but because of our nation's imperfection in compensation, there is less law evidence for the problems. Therefore in the tackle of the traffic accident, the responsibility for the two parties to undertake is still joint responsibility. Whether insurance company should undertake the responsibility, how does the owner of the vehicle causing trouble undertake the responsibility and whether the affiliated vehicles should undertake the joint responsibility are the problems for judicial practice, if the owner of the vehicle didn't buy compulsory insurance. In the opinion of the writer, despite of great dispute and clear legal rules in judicial practice, protection for victims to the full extend should be the principle in the concrete problems, giving consideration to fair at the same time. Of course, as for the problems, legislative bodies of nation should perfect legislation and unite current trial standard as soon as possible so as to ensure the benefit of victims and maintain the authority of laws.After the traffic accidents happen, it is very important for victims to gain compensation in time and efficiently that whether victims directly sue the insurance company, whether there is relative legal basis and whether the insurance company participate litigation as defendant directly. In the opinion of writer, national laws should make it clear that victims can sue insurance company directly after traffic accidents so that insurance company can become the defendant in litigation which is in favor of victims and they can get compensation in time, and this way can avoid the situation that the owner of the vehicle refuses or delays to compensate for insurance company. Insurance company directly accessing judicial process is convenient for judicial departments to investigate the case so as to maintain lawful rights and interests. Besides, problems of current subitem compensation of compulsory insurance, certain compensation amount of each item is obviously unreasonable, which doesn't fit the legislation aim of compulsory insurance, and it should increase the amount of compensation in medical fee but not the worry about whether insurance company will benefit so as to realize the goal of protecting the benefit of victims to the full extend.