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China’s Reconstruction For Compulsory Motor Vehicle Liability Insurance Legislative Model

Posted on:2013-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2246330377454094Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The automotive industry is a sign of modern civilization, and the rapid development of the world automobile industry, car ownership in China is gradually rising, car brought an unprecedented level of convenience at the same time, we must also accept the traffic congestion and frequent thetraffic accidents. Number of road traffic accidents in China in the world belong to more countries in2005, a total of450,000traffic accidents, so accidents98,000people lost their lives, which is the national traffic accidents the death toll since the first time in than100,000traffic accident statistics show that of the rest of the year are more than100,000, and nearly170,000were injured in a usual traffic accident statistics, resulting in property damage of nearly2billion yuan. Statistics from the World Statistics department, a group of more accurate data examples show that captured a total of nearly a million people live life on a global scale, due to traffic accidents frequently occur.Formally implemented in China in May2004the People’s Republic of China on Road Traffic Safety Law "into effect on July1,2006," Compulsory Automobile Liability Insurance Act, this is the first time to the laws and administrative regulations.form of compulsory traffic accident liability insurance system to make specific provisions. Share the legal responsibility of the perpetrators of such provisions, reducing the economic burden of the perpetrators, and ensure the legitimate rights and interests of the victims, to maximize the weakening of the legitimate rights and interests of traffic accidents in the proper settlement of the road traffic accident disputes significance. At the same time increase the premiums to the insurance company and also to some extent enhance the social security function of the insurance company, so that the original business color extremely rich insurance companies to increase the public welfare. But traffic compulsory insurance system for our country in terms of a new system is also a large institutional system, with the establishment of other legal systems as broad in scope, first in practice, needs the generous help of the insurance company’s actuaries. This new system changed the rules and practices of the field of motor vehicle liability insurance in China in the past, a lot of new principles. However, due to the design of their system, there are many defects as well as related legislation is not in place, resulting in a traffic accident liability compulsory insurance system in the implementation process encountered many problems, such as "victims of a third person directly claim, the claim time "but in the end is the legislative model for traffic accident liability insurance.Comb compulsory traffic accident liability insurance system on the basis of the historical development of the basic features, the value of the compulsory traffic accident liability insurance blow to foreign insurers in developed countries compulsory traffic accident liability insurance system and itsconducted a systematic exposition of the practice, learn from the experience of traffic compulsory insurance system is relatively mature system on the basis of the traffic accident liability compulsory insurance legislation in the soul of the legislative goals, and pay system of compulsory insurance, the legislative mode selection, carried outfurther analysis, the summary of compulsory traffic accident liability insurance system on the basis of further legislative proposals.
Keywords/Search Tags:Compulsory liability insurance, Legislative model, Thelegislative purpose
PDF Full Text Request
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