Study On The Impunity Of Compensation Of The Mobile Traffic Accident Compulsive Insurance

The establishment of a legal system rooted in the needs of social reality inevitably. China’s Compulsory Traffic Accident Liability Insurance for Motor Vehicles started lately in which it was formally incorporated into national legislation in 2004,Comparing to the foreign countries.This is suited basiclly for the economic and social development of our country. There must be a lot of exploration in the construction of a new system. Although there have been existed experience of many countries and regions in which can be learned from,many of the specific arrangement which is suitable for China remains to be further tested,and researched and explored.There is a big divergence in the issue of whether personal injury compensation caused other traffic accident under special cases such as drunk driving should be included in the scope of duty exemption in the Compulsory Traffic Accident Liability Insurance for Motor Vehicles in current judicial practice. It is a troublesome judicial problem because of imperfect legislation. Practice whether it will be payed over or not is different in different regions, but the theoretical research on it is still very limited and It is difficult for practitioners to provide theoretical support. Exemption issue of compensation is very significant for the the whole design system as it is concerned with the interests of the third party and other parties. The author hope fill the gap and provide a useful reference of the system through more comprehensive, systematic study from several cases of fault in the provisions of the twenty-two of "compulsive insurance regulations on the responsibilities to motor vehicles traffic accidents ".This paper analysed systematically from three respect of the grand background of the value, the relation with the fault of the insured and the exemption,and whether the impact of exemption on the interests of all parties and of the resulting long-term interests of the act of the parties changed. Try to use some method of law and economics in the analysis such as the analysis of interests, that is weigh the various interests,from the variety of impact caused on the life of society itself by the Insurance, and try to analyze finely compensation and non-compensation in personal injury which it is caused by traffic accidents some special cases,the effects caused on the parties concerned including the victim, the obligation of reparation (insured, the insured), insurance companies, the interests of the public, the cost and benefit analysis (costs and benefits are not as specific numerical calculation), but not only distribution afterwards for the losses caused by traffic accidents, but also dynamic analysis of compensation and non-compensation,that is the extent to which impact in reducing future illegal acts such as drunk driving, Curb traffic accidents,and how means the effect comparing to other means, such as administrative, criminal, etc. Overall, In this paper it reachs the level of "should be" thinking not but stopping at Literal comprehensionthe of " compulsive insurance regulations on the responsibilities to motor vehicles traffic accidents " the language of understanding, Or does not attempt to only from the article of twenty-two itself to the original intention of the makers of the legislation. Certainly This can not do without the purpose of establishment of the whole system and the understanding of legislation designed, also not out of the scope of moral judgments.Through analysis, comparison, This issue will be drawn their own conclusions on Disclaimer,finally considering the possibility of slightly modified proposal on it for the provisions of compulsive insurance regulations on the responsibilities to motor vehicles traffic accidents ".