On The Third Party Direct Claim On The Liability Insurance System

As a new and rapidly growing insurance, the object of liability insurance is the insured's indemnity for third party, also the original purpose of creating liability insurance. Along with social progress and development of liability insurance system, the insured's protection failed in, and the center of liability insurance has gradually inclined towards third party suffering the infringement. As a result, liability insurance is becoming an important measure to protect the entire society benefit.It is a trend to grant the direct claim to third party, because it's a new idea or the value orientation of modern liability insurance.As a response to this trend, the new insurance law, which came into force in October 1st,2009, conformed to the actual needs of society, made significant changes to the direct claim of third party in liability insurance. Behinds enhancing protection of the interests of the insured, at the same time, the new law further clarify the rights and obligations of the parties in insurance activities, in particular, highlight the protection of third party's legal rights, make the regulation which a third party directly claim the insurer further improved. Firstly, this article discuss the history of liability insurance, mainly from the theoretical level, includes the origin of liability insurance, inclined protection to the interests of third party suffering the infringement in new insurance concept; Secondly, I explore the legal basis of the right, proof the rationality of direct claim by third party, use the modern concept of liability insurance as the basic ideas, combined with the 65th regulation of the Insurance Law, demonstrate the limitations and counteractions which the third party encountered when he uses his direct claim; Finally, in combination with the status and practice of legislative system for third party's direct claim in our country, comparing and making reference to the legislation experience of various countries and regions, this article puts forward a proposal that we should establish direct claim in our insurance law, further implement compulsory liability insurance, fully realized the value of liability insurance.