Compulsory Motor Vehicle Liability Insurance Third Party Right Problem Research

The compulsory motor vehicle liability insurance in China is the first officially namedinsurance compulsory insurance. It is defined by the insurer to the insured motorvehicle road traffic accident occurred in the vehicle, the insured person other than thevictim’s personal injury, property damage, in the limit of liability for compensationwithin the mandatory liability insurance it is filling the victims of traffic accidentsloss, transfer the insured risk and responsibility for the product. It can relieve theeconomic burden, ensure the perpetrators of the third person’s legitimate rights andinterests, greatly weakening the traffic accident to the negative impacts of the social.The compulsory motor vehicle liability insurance legal system in order to betterprotect the interests of third person this one center value judgment, establishing basicprinciples, construction of concrete system. People in the processing of compulsorymotor vehicle liability insurance, is all about the traffic accident injured third peopledamages the core issue. Third direct request right is that the victim in liabilityinsurance contract in accordance with the law of compensation directly from theliability insurer compensation request right. How to design the rights in compulsorymotor vehicle liability insurance system plays a key role in. The current method indirect claim of the third party system, there is not a legislative document titles,inconsistent provisions, the scope of the third person is too narrow and many otherissues, is not conducive to the timely, effectively protect the interests of third persontraffic accident victims. According to our experience, draw lessons from his countryto the practice, it is necessary in the compulsory motor vehicle liability insurancelegislation to perfect the third party right regulations, scientific definition of the rangeof the third person, such as a traffic accident vehicle ride personnel into the scope ofthe third person; reasonable design partial compensation system, the compulsoryinsurance total quota no classification limit; at the same time the insurance limitshould be divided in the design, a reasonable adjustment the scope of compensation,and to further clarify the insurer defenses etc..