Discuss The Direct Action Rights Of The Third Parties Under The Liability Insurance

Liability insurance is a kind of property insurances, which with a great superiority of set all of your strength, to resolve individual risk. In the traditional liability insurance, between the insurer and the insured is the relationship of insurance contract, the third person and the insured are tort compensation relations. Based on the relativity of contract, the third person can only claim compensation to the insured, and can’t ask the underwriter gives compensation. Even under the circumstances of the insurant lost the repayment ability, the third person also can’t request underwriter compensation. So in liability insurance, that give the third person the direct right of claim is particularly important. The direct right of the third person has had brief regulations in "Insurance law "which modified in the year of2009.On the basis of the right to get, there are Original acquisition said, Having been made said, Agree to take said and Responsibility off from payment said. According to China’s present situation of the direct right of the third person, and comprehensive other countries and regions of the different legislative cases, our country has best taking direct empowerment as the main body while to limit the power as accessory part should serve as the subsidiary legislation mode. However there are still some problems in the new "insurance law", such as the third person does not set range, the insurant’s obligation does not assist, and the right to know of the third person fails to ensure and so on. Therefore, we should be focused to make up for. On the extent of the third person, that is to point to outside of insurance contract party people, the family of the insured should not be ruled out; The insured’s obligation to assist and cooperate are very important for the third person to realize his right, so it should have specific regulations; And to help the third person knows his rights better, our country must establish insurance information sharing mechanism to ensure the third person exercise and realize the rights.