Three Research On Motor Vehicle Liability Compulsory Insurance

Motor vehicle brings convenience for the human, also produces a serious social harm at the same time, and the main harm is the loss of life and property caused by road traffic accident. Countries lawmakers establish the Motor Vehicle Liability Compulsory Insurance System to solve the social contradiction. so far, there have been164countries or regions to establish Motor Vehicle Liability Compulsory Insurance System, the system disperse and transfer road traffic accident loss through the insurance, and plays a significant role in relief for traffic accident victims personal and property losses, effectively alleviate the motor vehicle brought about by the social contradictions. Along with our country industrialization, the quickening of the process of our country is not only a traffic power country, also heavy casualties and great direct economic losses came to the scene with the occurrence of numerous traffic accidents, accordingly, in order to help those victims suffered from the accidents, the system of motor vehicle liability compulsory insurance was established in our country. While the system was designed to safeguard the relief of victim’s interest, its purpose has never been fully achieved due to its late enforcement and deficient contents. This paper tries to figure that out from three important stakeholders, the insurer, the insured, the victim. The first research on the perspectives of the insurer’s compensation liability, The second research on the scope of the insured, The third research on the victims. Consequently, based on the aim of protecting the victims, this paper intends to improve the system of motor vehicle liability compulsory insurance and make it effective while borrowing some foreign experience during the process.This paper can be divided into four parts. The first part introduces the concept, history, nature and social functions of motor vehicle liability compulsory insurance. The insurance is compulsory, complied with policy and setted for public interest with the central idea of safeguard the relief of the victims’interest. The second part explores the insurer’s compensation liability by the way of analyzing its principles, restrictions and shares of liabilities between the insurers, and also borrows some foreign advanced ideas which may be applicable. The third part researches the scope of the insured from the perspective of the principle of premium for the purpose of ensuring that more and more victims will be compensated. The final part studies the scope of the victim by comparing it with other developing counties and areas. Consequently, deficiencies of limited scope of victim will be presented and reconstruction of the scope of the victim will be seemed necessary to protect the victims’interest and to fulfill the system’s purposes and objectives.