On The Compulsory Insurance Industry In The Limit Of Understanding And Improve

As social and economic development, the vehicle has been with the people’s livelihood, an increasing number of vehicles and vehicle traffic accidents also increased, and brought a personal injury and damage to property and other serious consequences. our country has to learn a foreign legislation-and integrated with chinese realities, the october 2003 issue of the road traffic security enhancement act and in december 2007, the amendment, it has clarified the insurance company for no-fault liability.. A march 2006 promulgated the motor traffic accident responsibility to enforce the ordinance, according to the two laws and regulations, china formally established a vehicle traffic accident liability of the compulsory insurance system, the effective guarantee of the victim in a motor vehicle traffic accident compensation rights, promoting the road traffic safety. But in practice, settlement of the insurance company for the quota between the industry and the amount of compensation for the challenge, most people think that area is divided into two limits are not conducive to safeguard the interests of the victims and amount of compensation should be banned.. And insurance companies think that such amount of compensation are proving motor traffic the compulsory insurance business insurance in nature and the insurance company to make a strong risks "only just break even" the management principle, we should stick to this claim.the two point lead to the judicial practice in the process also varies.This article to the judicial practice in both cases, for example, the amount of compensation to the views and analysis must view, the motor traffic accident liability of the compulsory insurance regulations and legislative purpose for no-fault liability to distinguish between the limit of compensation according to explore theories, have strong risk is the nature of such social security analysis and the law applicable to the limit of compensation and negative opinions be a support.In order to ensure the victims of traffic accidents in accordance with the industry in time, the maintenance of road traffic, the consideration of the insurance company’s commercial properties and change the amount of compensation should set the status quo, the two proposals:1、Amending the motor traffic accident liability of the compulsory insurance ordinance article 23. the quota for the law of the distinction between: compensation, no compensation for the limit and of regulations prescribed limit the motor vehicle insurance company of the compulsory insurance compensation limit of the floating regime; remove a mandatory insurance vehicle traffic in the loss of property, and increase personal injury parts of the compensation limit.2、The establishment and improvement of road traffic accidents social relief fund system:improving social relief fund legislation; to expand social relief fund the source of sources; clear social relief fund management institutions.