Research On The Third Party’s Direct Request Right Of Compulsory Traffic Accident Liability Insurance

It is well known that, traffic accident brings damage to individuals, families, and the society. When the traffic accident offender lack of enough property can’t compensate the victim, the possible consequences of traffic accidents would develop from personal infringement dispute to a social problem. With the object to undertake the traffic accident damages due to the insured vehicle, compulsory traffic accident liability insurance is a commercial insurance indeed, which follows the policy target of achieve the timely and effective compensation for the third party victim. It created a new edge of protecting the interest of the third party victim, dispersing potential risks, compensating traffic accident losses, and maintaining social stability and harmony.By the implementation of Law of the People’s Republic of China on Road Traffic Safety, The Regulation on Compulsory Traffic Accident Liability Insurance for Motor Vehicles and The Trial Measures of Social Aid Funds for Road Traffic Accidents, the legal system of Chinese traffic accident liability insurance is established. Nevertheless, as a result of the immature development of commercial law theory and practical experiences, the legal system was born with design defects. The most significant drawback should be the lack of the direct claim of the third party victim, which prevent the realization of the legislative goals. Focus on the task of protecting victim in traffic accidents, this article tries to analyze the drawback in the current compulsory traffic accident liability insurance system. Generally expounded on the theoretical basis of Civil law and Commercial law theories, and beneficial experience from other countries and regions, this article tries to discuses about the importance and the fundamental of the third party victim’s direct request right, and then brings in the legislative recommendations for improvement.This article would be described in accordance with the following order: Firstly, the value of the Compulsory Traffic Accidence Liability Insurance focuses on the realization of the interests of traffic accident victims; And then, comparative study of the legal experience from other countries and regions would brings us inspiration; Thirdly, it is demonstration of the need for the establishment of direct request right in China; Last but not least, this article tries to discuss legislative proposal to establish the third party’s direct request right.