Analysis On Legal Responsibility About Cao’s Cases Of Compulsory Traffic Accident Liability Insurance

For the benefit of victims suffered from traffic accident as well as promoting traffic safety, our country has established the system of compulsory traffic accident liability insurance based on the relevantly legislative experience gained in other countries and areas and furthermore formed the motor vehicle traffic accident insurance system. The traffic compulsory Insurance which is implemented for several years has provided a guarantee for the victims to obtain much-needed relief, at the same time the system itself has been known by the people. However the compensation problems the people are most concerned about is still the theory and legal practice of the controversial place. Especially when one drunk driving or driving without a license, there are some different understanding and judicial precedents about the question what and how much compensation the victims in the accident can get from the insurance company, whether in the theory of law or in the legal practice. This paper quoted the judicial practice about such cases and show the " positive" pattern and" negative" pattern in the implement of the laws and regulations, then from the analysis of the legislative purpose of the traffic compulsory insurance and the definition of the property loss and several other aspects of analysis, the paper comes to the conclusion that the insurance company should be liable for the loss of life or personal injury in the situation of drunk driving or driving without a license. Finally according to the situation of our country’s present traffic compulsory insurance system, put forward to my personal recommendations.