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Research On Legal Issues Of The Transformation From Person In Motor Vehicle To The Third Party In Automobile Traffic Accident

Posted on:2013-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhouFull Text:PDF
Abstract/Summary:PDF Full Text Request
In automobile traffic accident, also acting as the infringed,the personnel of the vehiclewho is identified as the person in motor vehicle or the third party will ultimately obtaindifferent indemnity.Automobile Traffic Accident Third Party Liability Compulsory Insurance,(Auto TPLCompulsory Insurance) have explicitly excluded persons in motor vehicles from the scopeof cover of the insurance. Commercial "the third person" liability insurance rules persons inmotor vehicles out the scope of cover as well. So there is a “person in vehicle insurance”which is a additional insurance concludes persons in motor vehicles in the scope. However,due to the significant difference of insurance amount and purchasing the commercialinsurance or not, the persons’ compensation in motor vehicles are often much lower thanthe third party ’s even in the same car casualty. Currently the law’s identification is narrowabout the third party in traffic accidents, that is to say, the persons in motor vehicles arestrictly excluded outside of the third parties, thus making A large number of the victimssuffered the unilateral accident cases can not be fully compensated. Now Some cases comeforth little by little that the persons in motor vehicles obtain indemnity the same as the thirdparties in the judicial practice. But many relevant factors have not unified such as thetransformation conditions in existing legal precedents,thus leading to unfairness and thepublic skepticism in the credibility of the judicial decisions. On the premise of the current laws and regulations,this paper tries to research on the topic of the transformation fromperson in motor vehicle to the third party in automobile traffic accident including but notlimited to the transformation conditions and situations, and some researches refer to theforeign experiences and legislations. Distinction between persons in motor vehicles and thethird party is established circumvent the insurance risk and reduce the insurer ’s liabilitiesaccruing at the early stage of setting up insurance system. It actually violates the truelegislative intent of traffic compulsory insurance that Auto TPL Compulsory Insuranceexcludes persons in motor vehicle outside the scope of compensation. Based on the study ofthe transformation from the persons in motor vehicle to third party, this paper proposes thefeasibility demonstration by taking advantage of the mathematical program to study thetransformation issues. According to further study the automobile compensation for damagesof Japan, Germany and Taiwan(region),the research found that the way ultimately to solve theproblem is to cancel distinction and regulate the persons in motors vehicles belonging to thethird person.In addition to the teaser case and epilogue, the paper is divided into five parts:The first part is an overview on the existing compensation system of the persons inmotor vehicles and the third person. Combined with the difference between those two typesof people in traffic accident damage, this part discussed the reasons of the difference fromthe theoretical and judicial practice level,and then lead to the subject matter, that is whytransformation cases came forth.The second part studied the substantive conditions of the aforementionedtransformation. On the basis of the value judgments of the transformation, this part studiedthe transformation issues in the view of tort law mainly and insurance law supplemented.Eventually making tort law as a major benchmark,this part discussed the feasibilitydemonstration by taking advantage of the mathematical program to study thetransformation issues.The third part summed up the defects and shortcomings of our existing insurancesystem and regulations after studying the automobile compensation for damages of Japan,Taiwan (region)(and as well as Europe and the United States and then making comparison toChinese legal provisions and insurance system. Ultimately this part proposed the means to solve the contradiction on the basis of this study.
Keywords/Search Tags:traffic accident compensation, compulsory insurance, commercial insurance, person in motor vehicle, third party, transformation
PDF Full Text Request
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