Exclusion Of Insurance Company Of Motor-vehicle Road Accident Compulsory Liability Insurance

Along with the progress of the society and the development of science andtechnology, China’s motor vehicle quantities rose in improving, this is our countrypeople’s living standards improve symbol, but also to people’s personal safety pose agreat threat. In road traffic accident is constantly increasing situation, to the needs ofthe reality in China, it has established a complete motor vehicle insurance system, butby legislation late start, the place of the theoretical knowledge is insufficient still, hardto avoid conflict blank and legislation, especially in the insurance company exceptresponsibility provisions of the fuzzy and chaos, make each court in specific trial,supplies ideas similar case that different decision. This is not the unity of the system,but also to the rights and interests of the security, so clear of foreign insurancecompany except responsibility, and also is helpful for the improvement of the systemof the whole place.The first part of China was introduced in the place of the motor vehicle insurancecompany except responsibility legislation situation and judicial trouble."The law onroad traffic safety"、"Motor vehicle traffic accident responsibility compulsoryinsurance regulations" to the provisions of the insurance company exceptresponsibility, from the laws and regulations of the intention and the value orientationof legislation, and points out that the law in the specific provisions link up with eachother and the existing problem. Then, the article analyzes the judicial practice,because of law provisions in different understanding of different verdicts, the differentterms to phenomenon exists generally.The second part, is the place of vehicle in the insurance company exceptresponsibility theory analysis. The judicial practice, the root of different terms to lies not in court made the wrong interpretation and applicable, but to the place of thelogical fallacy legislation style, legislation on insurance legal basis unclear orientation,objective unknown is the key to the problem. Therefore, the partly from academicAngle to the place of the purpose of legislation respectively, nature and the relatedlaw involving except responsibility of the key terms are analyzed in detail, and lay thefoundation for below argument.The third part, through the theoretical analysis for fixed insurance companyexcept responsibility shall provide the legal basis for further. Article from the law ofrighteousness text interpretation, the first reduction provisions with the connotation ofthe general understanding itself. Thereafter, the use of historical explanation andcomparison, explain and of course the explanation discussion, put forward in theinsurance company except responsibility provisions should return to the legalprinciple.The fourth part puts forward how to construct a more rational, with strongoperational except responsibility system, and then the whole place is beneficial to theimprovement of the system. The problems related to the victim’s damage if it can getreasonable compensation, rights can get timely relief, with practical significance.