| Liability insurance refers to the insured compensate to the third party accordingto the law of compensatory liability insurance. Compulsory automobile insurancesystem is a kind of liability insurance, referring that the vehicle owner’s, user’s ormanager’s responsibility for the traffic accident victims as the object of insurance, theinsured should compensate to the third party for the insured’s motor vehicle beingused or these accidents happened out of mind as the foundation of the liabilityinsurance.With the invention and development of motor vehicle, it brought convenience topeople’s lives, in the mean time it also brought a hitherto unknown challenge tomankind. Rescue in the traditional tort relief mechanism for motor vehicle trafficaccident victims has demonstrated deficient conditions, many countries and regions inthe world have established compulsory automobile insurance system and related reliefsystem.China is a big country of transportation. Motor vehicle traffic accidents causedpersonal casualty and property loss is huge every year. On May1,2004, theimplementation of “The Road Traffic Security Law of The People’s Republic ofChina” and On July1,2006the implementation of "The Motor Vehicle TrafficAccident Liability Compulsory Insurance Regulations" marks Chinese compulsoryinsurance system was formally established. However, since the system established inour country, there are many arguments in theory and practice. The legislation anddesign of the system is not perfect, for example the scope of the third party is toonarrow, different insurance companies have different regulations in the scope of thethird party, claim procedure and the amount of compensatory standard is not unifiedin practice, relief fund was not put in practice, causing the victims of traffic accidentsbecause he is a bicycle accident victim, the vehicle did not participate in Compulsoryautomobile insurance or motor vehicle hit-and-run case can not gain relief, resultingin society unfair. A traffic accident case of The People’s Court of Jiaohe City,Jilin Province is ontrial, its No. is (2011) the940th case of The People’s Court of Jiaohe City, in this casewe can see it clearly that what’s the problem mentioned above. The content of thecase is like this: At half past twenty On August28th.2011, Wang drove a taxi (No.JB8T180) along The National Highway302from the north to the south, when hedrove to The Aiguo Village, Lafa Street, Jiaohe city, because of the driver’s mistakenoperation, the car became out of control and hit a roadside tree and caused thepassenger White injured and the car damaged. Lee is the owner of the taxi. The taxiwas anchored in Baotong taxi Ltd of Jiaohe city, Jilin province, and the ChineseProperty Insurance Company in Jiaohe City branch automobile insurance to this car.In older to make himself treated, White went to The People’s Hospital of Jiaohe cityand The China-Japan Friendship Hospital of Jilin University. White cost220,686.08Yuan RMB for medical expenses totally. After identification, White’s disabled degreeis ix, also he should spend16,000.00Yuan on continue treatment. On September27,2011, The court accepted the prosecution of White. On February9,2012, the courtheard the case, the Chinese People’s Property Insurance Company in Jiaohe Cityanswered White back that he is a passenger inside the taxi, not belong to the scope ofthe third party, not within the scope of insurance claims. Because the accusedhit-and-run vehicle all Lee filed a bill of the rational use of identification applications,as of April4,2012, the plaintiff was rational identification of no conclusion, this caseis still in the process of trial. In this case,the traffic accident belongs to bicycleaccident, and total medical expenses amount more than230,000.00Yuanunexpectedly high. Passengers should be incorporated into the scope of the third party?Legislation is not stipulated. Even if the case as a passenger plaintiff into the scope ofthe third party, on one hand, the insurance company only pay compensation withinthe limit of automobile insurance, the victim who spent huge medical expenses is stillno guarantee; On the other hand, the legislation for the direct claim lack of regulation,the insurance company didn’t compensate to White for a long time, caused White hadto seek help from justice, caused a huge waste of judicial resources and socialinstability factors.The essence of the paper is through the analysis of advanced experience of foreign legislation and practice, combining with China’s actual conditions, givesuggestions to the scope of third party system and the third party direct claim,advocate that a nationwide system of motor vehicle traffic accident social relief fundshould be established as soon as possible, and give some suggestions to the relieffund in older to make it more perfect.This paper consists of introduction, text and conclusion, the text is divided intothree parts.Chapter I Principle of compulsory automobile insurance system. A brief analysisof compulsory automobile insurance system concept, characteristics and nature,theoretical basis, and automobile insurance law relationship elements, in order tomake the readers can understand this system.Chapter II Identity and direct claim of the third party of automobile insurancesystem. Compulsory automobile insurance system is centered on how to increase theperpetrator compensation ability, to better safeguard the legitimate rights and interestsof the third party of this center design. This chapter is mainly from compulsoryautomobile insurance system basic purpose as the premise, suggest that the scope ofthe third party should be broad and direct claim given to the third party.Chapter III Compulsory Automobile insurance social relief fund. Any systemdesign may not be the pink of perfection, compulsory automobile insurance systemon traffic accident victims relief is not omnipotent. Although our country is in" trafficlaw" and" compulsory automobile insurance regulations" clearly stipulates the system,however, the system is just a drop in the paper which has not been applied in practice.The author thinks, as the compulsory automobile insurance relief fund is an importantsystem, as the embodiment of social fairness and justice, the system should be appliedin practice. Therefore, the author gives some improvement proposal to the relief fundsystem. |
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