Applicability Study And Legislation Improment In Compulsory Traffic Accident Liability Insurance

As our country's economic development and the people's living standard improved, the number of mobile vehicles is increasing, the number of mobile vehicles is increasing rapidly, but the road infrastructure is not perfect and the law consciousness and safety duty of care is not reach the position, therefore, the traffic accidents are on the rise. Great bodily injury and mental damage is difficult to get effective interests protection in traditional dispute resolution mechanisms of road traffic accidents.The government through the market to achieve the purpose of social justice in motor vehicle traffic accident obligatory insurance. The mobile traffic accident responsibility compulsive Insurance is product of objective in principle of attribution and Social security in accident loss.This paper is divided into three parts:the preface, text and conclusions. Text has three chapters.The first chapter overview the motor vehicle motor vehicle traffic accident compulsory insurance, Introduced concept of compulsory traffic accident liability insurance and emphasised its significance on the emergence and development.The second chapter mainly discusses applicability in puzzling question. At fist, reasons for exemption from liability is analysised including invalid certificate, drunk driving, theft, robbery, and deliberate. The second, the application is discussed in multi-line insurance, More than one or no vehicle traffic accident responsibility compulsive insurance.The third, the compensation for mental damages is discussed including compensate standard and priority compensation in responsibility compulsive insurance. The forth, the compensation is discussed in stationary state motor vehicle traffic accidents. The fifth, identification is discussed in traffic dispute if cases and diagnosis certificate not consistent.In the third chapter includes motor vehicle defects in insurance system analysis and legislative proposals. At fist, broadening the Victims scope to give car passenger protection. The second,reforming sub-categories of compensation limits, combining medical expenses and disability compensation to raise the protection level of personal victims. The third, No limits of liability compulsory insurance regulations confuse the essential difference between Compulsory insurance and Commercial insurance, and it reduce the value of existence of Compulsory Traffic Accident Liability Insurance. The forth, improving our country's insurance paid and salvage fund system.In this paper, the case in judicial practice is combined with specific conditions to use theory to guide practice and to improve the legislative theory with practice defects. People's court Should establish the concept of balanced interests of all parties, Strengthening resolve conflicts, to achieving unity in legal, social and political effects.