The Analysis Of The Twenty-second Of Compulsory Traffic Accident Liability Insurance Regulations

The basic functions of traffic accident liability are to protect the victims in trafficaccident can be compensated promptly and effectively. The insurance company haveto pay for the damages within the limit of the compulsory liability according tolaw.The liability is a legal liability, which is not according to the insured’responsibility. In order to punish the criminal behavior and balance the insurancecompany’s interests, The Compulsory Traffic Accident Liability InsuranceRegulations established four circumstances in which the insurance companies havestatutory advance payment obligations.But compared with the legal situation, the hitand run behavior is not be punished accordingly, which is more harmful to the societyand more serious of the subjective malignant. Undoubtedly indirectly condone suchillegal and criminal behavior, not only endanger the safety of life and property, andbring about the differences of judgment, troubling legal workers and influencing thelegal faith force.Meanwhile, statutory obligation set by the Twenty-second is contrary to thelegislative purpose. This compulsory insurance should guarantee the basic economiccompensation, but the statutory advance payment obligations are unable to meet thebasic medical needs. Also, the differential treatment is influencing the justice. Thewounded can’t choose the peace-breaker, and are in the same status. But because ofthe statutory advance payment obligations, they cannot obtain compensation in thesame standard. As to the extent of compensation, the statutory advance paymentobligations less than the statutory liability limits, this is contrary to the legislativepurpose, and contrary to the principle of compensation without liability. It is becauseof the faultiness of the legislation, there are so much social injustice and bringingabout the differences of judgment. It is necessary to perfect the legislation.Be very lucky, the Supreme Peoples Court introduced a new judicialinterpretation about the Compulsory Traffic Accident Liability Insurance Regulationsin closing time. In this judicial interpretation, the eighteenth clause clearly definedthat the extent of the statutory advance payment obligations must be within the liability limits. This time, it uses the judicial interpretation altering the mistake in theLegislative to support my point of view. So it is one thing worth rejoicing...