On The Traffic Compulsory Insurance Liability In The Case Of Driving Without A License

The essence of the insurance system is to shift the risks to other people andspread risks out, and the key point that the intent of the insured can be ultimatelyrealized or not is the honesty of the insurance company. Owing to the asymmetry ofboth parties in the grasp of the information and the different understanding of therespective exemption subject matter, the practice of insurance claims in numerousaspects has many problems, and in the case of drivers driving without a license,claims disputes even more. In traffic accidents results from driving without a license,motor vehicle accident victims require insurers to mandatory liability within the limitof the insurance liability, the attitudes of the theory and the judiciary that theinsurance company should bear the responsibility or not are not uniform. Insurancecompany is basically taking the attitude of the exclusions with this situation, and theCIRC also introduced the relevant internal guidance specifically for the matter. In fact,how the insurance company is responsible for such a case, there are also diametricallyopposite judgment in many courts, which damages China’s judicial authority.The full text is divided into six parts, and the first part introduces the case, thefocus of controversy of the facts of the case. The second part is the overview of thecompulsory insurance system and the brief strong narrow definitions, characteristics,and their functions, focusing on analysis of the basis of traffic compulsory insurancesystem established by the values and ethics inherent in the French philosophical views.The third part is a comparative analysis on the circumstances of the accident liabilityof driving without a license and to explore what legislative system in line more withthe value orientation of traffic compulsory insurance system. After that, the fourthsection describes how the judicial practice of the theoretical circles dispute aboutdriving without a license result in a traffic accident insurance company liability, andthen says something about the sure and denies the said theory to brief reviews. Part Vis the response to the cited cases focus of controversy, and in this part, the author usednormative analysis methods and empirical analysis, with a combination of theoretical analysis and regression method, to get a meticulous and thorough case a focus ofcontroversy resolution. In this section the author also put forward the point of view,that the insurer should not be exemption the injured third person personal casualtylosses because of unlicensed driving accident, looking at from the legal and law pointof view,.By analyzing traffic compulsory insurance system in this case legal issues,the author put forward some shallow views to solve the problem in the last.In short, by analyzing the purpose and value of the traffic compulsory insurancesystem established, combined with China’s relevant laws and regulations, andresolved the cases cited by each of the focus of controversy after driving without alicense case that the insurance company whether it should take responsibility a littlebook already advice.Last, the author correctly defined an insurable interest in theownership, unified understanding of the spirit of the law, to balance the interests ofthe parties better.