Studies On Legal Questions Of China Motor Vehicle Insurance Claim

The question of motor vehicle insurance claim mainly involves the insurance study and the legal science. Insurance complicated and profound, dealing in detail with compensation issues, needs legal rules and regulations. Our country only then started from the 1980s to develop the motor vehicle insurance business comprehensively, the time was too short. But our country economic development each new day and the vehicle inventory increased massively, so the road traffic accident formation rate was high. After in 2006 " Motor Vehicle Traffic Accident Liability Compulsory Insurance " promulgated, the vehicle safe utilization was getting more and more common and frequent. But our country is not perfect about the vehicle safe laws and regulations. At the grassroots level, the legislative intent and judicial practice are out of touch. Therefore, conducts the research to the motor vehicle insurance claim related legal questions is very essential.This article writing has referred to the massive scholar's paper and the insurance material, but also has the vehicle insurance data which the Coal Insurance Limited liability company obtains, to these material, in the data research analysis's foundation, the article mainly divides three parts to carry on the elaboration:The first part mainly elaborates the concept of motor vehicle insurance, the classification and the development condition, the overseas automobile insurance's development condition, this part introduce the basic concept and the development of vehicle insurance, make the upholstery for the later word writing.The second part mainly elaborates some main legal matters which appears in the process of China's vehicle insurance adjustment, divides into three angles:First, legislates, the judicial practice aspect, our country should further perfect rules and regulations vehicle safe laws and regulations, "Road traffic Act of Security" refers to third party risk compulsory insurance's being suitable, in the adjustment process about strengthens the traffic accident victim's right, the responsibility main body and so on; Second, our country insurance business own question, mainly revolves Insurance company's form provision not to favor the insured benefit and Insurance company's risk awareness, the legal awareness is not strong launches the elaboration; Third, insurance consumer's question, insures consumer's safe knowledge and the legal level and the existence insurance cheat question in view of our country.The third part is the analysis which and the suggestion proposed to the second part of question, launches from four angles:First, legislates, the judicial practice aspect, according to 2009 new revision "Law of insurance", "Road traffic Act of Security", "Mechanical transport Accident Compulsory insurance Rule" the legislative original intention, the related stipulation and the fair principle, carry on the analysis suggestion to the question; Second, the insurance company, according to "Law of Insurance" and so on laws and regulations revisions consummates "Motor vehicle Insurance clause", the optimized adjustment procedure and the legal awareness, establish the counter-cheat department; Third, the society rescues the fund, the formulation rescue fund management means and expands the safeguard scope.