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The Study Of Chinese Motor Vehicle Compulsory Insurance In Legislation Field

Posted on:2013-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y H XuFull Text:PDF
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The invention of the motor vehicle and wide application, which hasbrought convenient for the broad masses of the people, while it has alsoproduced a large number of the road traffic accidents, and caused greatcasualties and property loss of personal or national,. so the motorvehicle have become a modern industrial society’s "killer", which makesus have to face and solve these problems. Therefore, we can make it realizethrough the prevention beforehand and afterwards of sanctions, While theliability of the road traffic accident compensation and the undertake ofthe system is one of the important means to achieve the purpose. Usinga different principle of imputation principle not only affects therealization of the target of the legal system of the compulsory motorvehicle insurance but also will make bad effects on the accident of theinterests and rights of the relevant groups Therefore, the legal systemof the compulsory motor vehicle insurance set up, not only has theimportant theoretical value, but also has practical value.But how totimely and effectively rescue the victims from the traffic accidents, andhow to reduce the occurrences of the motor vehicle traffic accidents, bothhave become the two major themes of all counties. The main purpose ofmaking the road traffic safety laws and regulations is to let people paymore attention on loving lives and property, and to timely an effectivelycompensate victims for the loss,at the same time to punish those violatorsseriously so as to get the purpose of reducing the traffic accidents. Solots of countries have been gradually putting into effects into theseproblems, and make determinations to strictly carry out. At present, most of the western developed countries have made a legal system of thecompulsory motor vehicle insurance. So our country was the firstestablished the legal system of Compulsory Insurance of Motor Vehicle fromthe law of the People’s Republic of China on Road Traffic Safety "whichwas just issued on28October2003.But compared with the western developedcountries, our extant legislation of the system of the motor vehiclecompulsory insurance is very confusion and not very perfect,it stillexists deficiencies and defects,which has appeared to the conflictemergence within the related clauses,and the phenomenon of interestsprotected which was out of balance and so on, and these we must solve assoon as possible and avoid some hidden accident to occur again. But thewielding of the name of the compulsory insurance,and the unclarity ofthe third identification scope,as well as the unclarity of the litigationstatus of the insurance company, and also the unclarity of the responsiblecompensation or irresponsible compensation, and the disunity of thereasons of the exemptions, and also the illegal even unreasonable of thepartial compensation, and then the unclarity of people and vehiclesseparated or merged with, along with none of the stipulation of how todistribute the liability limits under the complex types of accidents,andalso none of the comprehensive of the undertaking styles for theresponsibilities of the people who do not insure the Motor VehicleAccident Liability Compulsory Insurance, above all these problems arethe concentrative reflection of the defects of motor vehicle compulsoryinsurance legislation in our county,and these.And the essential reasonof the appearance of such defects rest with the limitation of thedepartment legislation in our country.As well as the nature for thelegislators of the realization for the Motor Vehicle Accident LiabilityCompulsory Insurance, along with the essential difference among the MotorVehicle Accident Liability Compulsory Insurance and Commercial Insurance these three parties,so far as to the problems of the insularity of therealization of the relationship between the responsibilities of MotorVehicle Accident Liability Compulsory Insurance and the responsibilitiesof the tort.All these serious problems are our faced and must be solvedtimely and effectively or the consequences we can not imagine. Yet,themotor vehicle compulsory insurance system of China not only have increasedthe occurrences of the motor vehicle traffic accidents by a long way,but also made the traffic accident damages and compensations which haveoccurred in the case handle more complex in the judicial practice.Thearticle which has interpreted and analyzed the defects through theexistent motor vehicle compulsory insurance legislation, has put forwardthe points of the reconstruction of China motor vehicle compulsoryinsurance legal system perspective, along with learning from the matureand advanced compulsory insurance theory and legislation experience inthe foreign countries,so it has posed some corresponding advice aboutthe legislation and judicature.
Keywords/Search Tags:Compulsory insurance, Direct right of claim, The irresponsible compensation, Limit compensation
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