Research On The Exemption Issue Of Compulsory Insurance Of Motor Vehicle Accident Liability

From1885, since the birth of the first internal combustion motor vehicle, human beings have to face a reality-traffic accident. With the development of automobile industry, traffic accident becomes increasingly widespread and brutal. The damage caused by it was shocking. In terms of compensating for damage generated by motor vehicle accident, safeguarding the interests of the general public, most of the countries in the world have implemented traffic compulsory insurance system. To draw on the experience of these countries'legislation, on July 1st 2006, China came to force the "Vehicle Traffic Accident Liability Compulsory Insurance Regulation", which marked the official beginning of China's compulsory insurance。Due to the short-time implementation of such a compulsory insurance, the theoretical research of this discipline is still in shallow state. The relevant law is not clear even with flaws, causing great confusion to the judicial practice.With regard to the "Vehicle Traffic Accident Liability Compulsory Insurance Regulation", provision of Article 22 as followed:for the driver not licensed or got drunk; for the insured motor vehicle involved in an accident during the robbery; for the insured deliberately creating road traffic accidents, whether the insurance company should bear the liability to pay compulsory insurance, the law does not clearly defined, the practice of judicial practice is very confusing. Two courts in the same region would release two diametrically opposite verdict, resulting in unequal rights and obligations of the party, a violation of the unity of legislation system. Learned from foreign relevant legal system and practice, this article aims to analyze the current status and existing problems related to exemption of the compulsory insurance, bring forward some perspectives and legislative ideas. In addition to general introduction and conclusion, the paper is divided into four parts.The first part of this article makes a general statement of the traffic accident liability compulsory insurance system. It is extremely important to understand the concept and nature of traffic accident liability compulsory insurance, which makes it fundamentally different from other vehicle insurance. What's more, it's the priority and basis for discussing the emption of the compulsory insurance. To further explore the exempted issue of the vehicle compulsory insurance, this section also describes the parties and the related. A vital design in the compulsory insurance is at the victim has the claim right undoubtedly which is very important to protect the benefits of the victim. Based on a fully understanding of the vehicle compulsory insurance, we can investigate the exemption issues of it. This part also introduces the relevant provisions related to the exemption of the compulsory insurance.The second part is an introduction of traffic accident liability compulsory insurance system in foreign countries and its enlightenment to the domestic system. Chinese compulsory insurance system is established and developed on foreign motor vehicle compulsory third party liability insurance system. Analysis and comparison of China and foreign motor vehicle compulsory third party liability insurance system, helps us learn from advanced foreign experience, promote such an insurance system in depth development. This section mainly deals with compulsory insurance system in the United States, Britain, Japan and Taiwan of China.The third part is about existing problems of the exemption of traffic compulsory insurance. In cases of the provisions of Article 22, take the drunken driving for example, whether to assume the insurance company to take the insurance liability, judicial practice varies. The main reason for this situation is due to different understanding of the Article 22. Supreme Court and the China Insurance Regulatory Commission approved the opinion that the insurance company does not undertake insurance liability in drunken driving. Based on deep analysis, the author of this paper assumes that there is no legal basis for such a conclusion.The fourth part is dealing with perfecting the provisions related to the vehicle compulsory insurance. In case of drunken driving, the insurance company should bear the liability to pay. From the legislative intent, the consequences in terms of application of the law and other cases stated in Article 22, the insurance company should bear the liability to pay insurance, however, this is an advance liability. It Is unfair for the insurance company to bear the ultimate liability especially when the drunken driving have been included in the crime category, the insurance company should not be liable for damages caused by a criminal behavior. Therefore, in order to take into account the interests of various stakeholders, coordinating the victim, the insured and the insurer in three areas, this article suggests that after the insurance companies fulfilled the obligation of compensation to the victim, the insurer should be given the rights to recourse against the responsible party in an accident.