The Mobiles Of Traffic Compulsory Insurance Regulation22of The Application Of Research

China is a traffic accident the big country, traffic accidents cause each year a large number of casualties, direct economic loss is huge. In order to strengthen the interests of traffic accident victims relief, enacted in May2004, the Road Traffic Safety Law, the law in76eye-catching. In2006, the State Council passed the "Compulsory Automobile Liability Insurance Regulations"(hereinafter referred to as the "Traffic Insurance Ordinance")."Road Traffic Safety Law" and "Traffic Insurance Ordinance promulgated and implemented, sparking a series of debate of the theory and practice of community, especially the debate on section22of the Traffic Insurance Ordinance. Traffic Insurance Ordinance22academic interpretation and judicial apply in judicial practice, a number of differences.This paper described the specific case of the compulsory third party liability insurance, import, put forward a different applicable in judicial practice under section22of the Traffic Insurance, even the results of different co-contracting. And then from a legal level with the legal effectiveness of a comprehensive legal analysis, properly applicable to both the theoretical basis of the Traffic Insurance Ordinance22duty, except the subject, the last payment from the insurer, the insurer’s right of defense and insurance three aspects of people’s right of recovery "Traffic Insurance Ordinance22on the entities specifically applicable to a discussion and demonstration," Traffic Insurance Ordinance22only constraint insurer and the insured, not against the victims three. Provide recommendations for the specific application of the Court in the trial practice for the improvement and development of its own proposals and understanding of the compulsory third party liability insurance system.The first part through the introduction of a typical case of analysis of the trial court gist and critical analysis to explore the judicial practice of the many differences in application of section22of the Traffic Insurance Ordinance, and theoretically analyze the different divisions.The second part is mainly from the legal Traffic Insurance Ordinance22applies to the analysis on the legal level and the legal effect of "Traffic Insurance Ordinance,"22"Insurance Law","Tort Liability Act Road Traffic Safety Law", made the appropriate discussion to sort out their legal context. From both the legislative purpose of the legislature to pay the compulsory insurance of the responsibility principle, the application of section22of the Traffic Insurance Ordinance on the control of moral hazard is further analyzed and discussed.The third part is the responsibility of the insurer payments except for the subject, the right of defense of the insurer, the insurer’s right of recovery,22"Traffic Insurance Ordinance applicable in judicial practice, to think, for all levels of judicial provide advice on motor vehicle traffic accident involving an insurer’s liability relief to victims of the interests of a third party. Thinking and learn from China’s motor vehicle third party liability compulsory insurance system. Pointed out that "Traffic Insurance Ordinance22only constraint insurer and the insured, and not against the injured third person.One of the main purpose of the fourth part of the conclusion clear of this article is how to better application of section22of the Traffic Insurance Ordinance, the use of compulsory third party liability insurance system to compensation for vulnerable groups and to promote our country the development of the relevant legal system, the modernization of China’s legal system better progress, and build a harmonious socialist legal system, China’s legal modernization process in the development of better and healthier.