Problems And Solutions About The China Compulsory Motor Vehicle Traffic Accident Liability Insurance In Practice

On July1,2006, China’s first insurance by national legislation tobe enforced——compulsory motor vehicle traffic accident liability insurance beganformally to implement,Its establishment and implementation has played a positiverole in promoting China’s road traffic safety construction, security accident victimsrights. But the compulsory motor vehicle traffic accident liability insurance in thefield of China’s insurance is a newborn thing, There have been some unexpectedproblems due to the short implementation time, the Legal norms are still inadequateand other reasons resulted in practice, Which death and disability compensation foruneven and low limits liability of the medical expenses became the cause of "Killedmore than banged” frequently appeared in newspapers.This paper uses the conceptual analysis, empirical research, comparative studiesand other methods, to Hidden rules”Killed more than banged” as the perspective, onthe basis of the theory of detailed explanation on current compulsory motor vehicleliability insurance system, and compared with the mature compulsory motor vehicletraffic accident liability insurance from the developed countries and regions, Thepaper points out the inadequacies of current compulsory traffic accidentliability insurance system, and discussed in detail and puts forward some suggestions in the light of above deficiencies.Specifically, The paper is divided into four parts was analyzed and discussedproblems and solutions about the China compulsory motor vehicle traffic accidentliability insurance,in practice, the structure and general content of this article are asfollows: The first section introduces the basic theory of China’s compulsory motorvehicle traffic accident liability insurance, describes its concepts, properties,characteristics and the system of legislation, principle of imputation, and thedifference between commercial insurance. The second section introduces presentsituation and problems of compulsory motor vehicle traffic accident liabilityinsurance, pointed out some of the problems that existed in the current operationstatus and function of the compulsory motor vehicle traffic accident liability insurance,and these problems have a certain relationship with the phenomenon of”Killed morethan banged”. The third section introduces the compulsory motor vehicle trafficaccident liability insurance from the developed countries and regions, in order to havea comprehensive introduction respectively by development course, imputationprinciple, the scope of compensation, liability, insurance premium rates for referencethrough the contrast in our country insurance for motor vehicles. The fourth sectioncombined with China’s actual national conditions and learns from foreign advancedsystem, from improving limitation of liability, a region differentiation rate, eliminateproperty damage, realizing fast claims, preventing moral risk, and get the policysupport and so on. The author presents six aspect suggestions concerning theimprovement of the compulsory motor vehicle traffic accident liability insurance.