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The Problem In Implementation And How To Perfect The Insurance System Of Compulsory Motor Vehicle Traffic Accident Liability In China

Posted on:2012-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y TengFull Text:PDF
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Compared with developed countries, motor vehicle compulsory insurance system was established a short time in China, legislation is not mature enough, a number of issues arising from the implementation, resulting in the system can not achieve the desired objective, in practice, continue to explore and improve in order to realize the establishment of the system the original intention, to maximize the protection of the rights of a road traffic accident victims. This paper analyzes the system of compulsory insurance of motor vehicle concept, values, responsibility principle, so that we have a general understanding of the system, then the system that exists in the judicial practice of some problems with other countries and regions Comparison of related systems, the measures put forward a sound.This paper consists of five parts:The first part is introduction which gives a general description of the main content of this paper in terms of the significance of topic selection, research method etc. This paper begins with analysis of typical cases to present the practical issues existing in judicial practice of motor vehicle traffic compulsory insurance system in our country for solution in later chapter.The second part introduces the basic theories in motor vehicle traffic compulsory insurance system. It emphasized on some basic problems of theories such as the law feature, value orientation and principle of liability in order to give a brief idea of this system.The third part analyzes the legislation actuality and the existing issues in judicial practice of motor vehicle traffic compulsory insurance system in our country. The main issues include the complicated procedure of claim settlement, many defects in substantive content etc which bring setback to exerting the desired purpose of this system, that is, to protect the benefit of the victims.In the fourth part, motor vehicle traffic compulsory insurance systems in several countries and areas are introduced. It is focused on the analysis and contrast of the systems in those countries and area where they are established early but are relevantly perfect, thus to provide a lesson to perfect the motor vehicle traffic compulsory insurance system in our country.In the fifth part, the author digs into a concrete conception to perfect the motor vehicle traffic compulsory insurance system in our country. A concrete suggestion on legislation has been put forward in aspect of the simplification of claim settlement, modification and perfection of substantive content in order to achieve the goal of protecting the benefits of victims of traffic accident in a real sense.
Keywords/Search Tags:motor vehicle traffic accident obligatory insurance, traffic accidents, damage compensation
PDF Full Text Request
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