A Research On The Perfection Of The Compulsory Insurance Contract System Of Motor Vehicle Traffic Accident Liability

In recent years, more and more traffic accidents have been seen after vehicles become the main means of transportation with the development of society. As a result, a large number of personal injury compensation disputes outpour into courts with how to protect the interests of the third party in the spotlight. The Road Traffic Safety Law implemented on May1st,2004introduced compulsory insurance system of motor vehicle and, together with The Compulsory Insurance Regulation of Motor Vehicle Traffic Accident Liability formally promulgated on July1st,2006, marks the official establishment of compulsory insurance system of motor vehicles in China. Despite some cases in which interests of victims are protected within the system, new issues emerge in the application of the law and district courts reach decisions with no identically legal basis. Based on judicial practices, this thesis attempts to conduct a research on the interpretation and application of the traffic accidents liability compulsory insurance contract (TALCIC) of motor vehicle from four aspects: formation, effectiveness, validity change and the validity of contract contents.Part one analyzes the formation of TALCIC, summarizes the important elements of general insurance contracts and analyzes the historical development of general insurance contracts in an attempt to give legislative suggestions to the time and elements of TALCIC formation. The author reaches a conclusion that the formation of TALCIC is presupposed by "two elements":first, premium should be paid and policy should be signed after the formation of this contract; secondly, TALCIC should follow the rules of mandatory commitment and mandatory formation.The second part discusses the time and elements of the validation of TALCIC. By comparing the validation types of general insurance contracts, this paper holds that TALCIC in China should "take into effect when formed" with no attachment to additional condition and duration. The author also proposes some views on controversial issues in the judicial practices such as "taking into effect at zero o’clock of next day" and overlapping coverage. The third part studies the validity change of TALCIC by analyzing the validity alterations of compulsory insurance contract, the types, conditions, retroactive effect of the application and the causes of contract cancellation. The author gives some legislative suggestions.Part four centers on the validity of the TALCIC contents, making analysis from five parts:the connotation and extension of compensation object, the rationality of compensation items and limits, effectiveness of no-fault compensation, effectiveness of exclusions, validity of contract which regulates the ways to resolve disputes. This paper also points out that mandatory traffic liability insurance should be improved given its irrationality of regulation and its limits of effectiveness.Finally, the author makes a conclusion.Based on judicial practices, the thesis analyses relevant issues about the validity of mandatory insurance contract by comparison of legal provisions, comparative analysis and combination of theory and practice in a bid to give solutions to the problems found in the judicial practice of TALCIC, uphold the authority of law and promote the advancement of law ruling.