| In recent years, with rapid economic development, a wide range of vehicles has become increasingly involved in people's daily lives, as the country's rapidly growing vehicle fleet, motor vehicle accidents followed by a corresponding surge in enjoy the vehicle speed and passion brought by the same time, it must also bear the corresponding risks. Traffic on the majority of the people's lives and property posed a serious threat. Motor vehicle road accidents cause people for personal injury and property damage arising from great pain, and this is becoming a serious factor affecting social harmony and stability. Drawing on the developed countries and regions outside the compulsory traffic accident liability insurance legislation on the basis of experience and lessons of China's motor vehicle liability insurance, the legal system is gradually established and improved, So far, China's "Republic of China on Road Traffic Safety Act" (hereinafter referred to as "Road Traffic Safety Law") and "compulsory traffic accident liability insurance regulations" ("the Ordinance") has gone through six and four respectively. year, the masses of the compulsory traffic accident liability insurance system (hereinafter referred to as "Traffic Insurance system") has been confused and accept the challenge to the familiar, but the theorists and practitioners of the issue of compensation to pay high insurance disputes, but never stopped. Occurrence of road traffic accidents, the victim of personal injury and property damage how to get prompt and effective compensation, access to those damages, the insurance company and what the scope of responsibility, these are problems that we in the judicial practice must be addressed . I combine their practical experience, through the elaboration of analysis of specific cases, attempts to explore and analyze these issues, and to make perfect concrete proposals with a view to China to pay high insurance system to improve and perfect up to their modest means.Full text including introduction, body and conclusion of three parts, which the body is divided into three chapters.The first chapter to pay high insurance system, the basic theory. Section I introduces the concept of pay compulsory insurance, the nature and characteristics. Section analysis of the country to pay high insurance compulsory traffic accident liability insurance, the location and function, Section III to pay high insurance and commercial liability insurance relationship and pay high insurance for the liability insurance to provide compensation for the transfer of profits and hidden platform issues . Chapter II discusses pay our compulsory traffic accident liability insurance problems in practice. The first section describes the principle of no-fault compensation issues, analysis of the implementation of pay compulsory insurance "no responsibility for payment" is reasonable. Section II describes the property to pay high insurance losses paid in question to discuss whether property damage should be included in the scope of compensation. Section III presents the breakdown of the compensation limit and ceiling, to discuss our country to pay high insurance limits on liability set is reasonable. Four discuss whether it should be in the pay moral damages in compensation for compulsory insurance, and pay high insurance and commerce in the third party liability insurance in the compensation order problem.Chapter III of other countries and regions through the enactment of legislation related to the introduction, the status quo with China's national conditions and legislative, and practice of strong narrow understanding and application, to improve our country to pay high insurance system by the feasibility of the proposal: include in the legislation level, improve relevant laws, specifically China's motor vehicle liability insurance of the scope of compensation, will integrate to pay high insurance and commercial insurance integration and unification, and other measures.。... |
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