Compulsory Motor Vehicle Liability Insurance To Protect The Interests Of Victims

With the rapid popularization of motor vehicles, road traffic accidents haveoccurred more and more frequently. In order to strengthen the traffic accident victimprotection and rights relief, formulated the " motor vehicle traffic accidentcompulsory liability insurance law ", and with traffic accident social rescue fundsystem, it should be said compulsory liability insurance in the maintenance of thelegitimate rights and interests of victims of traffic accidents has played a positive role.However, due to the development of our country auto industry started relatively late,and the corresponding laws and regulations have not perfect, especially in the victims’rights relief to lag far behind the developed countries and regions. China’s compulsoryautomobile liability insurance system and its theoretical foundation is weak, thecompulsory liability insurance system of motor vehicles can not be combined withjudicial practice, in the case of controversial, difficult to cause the victim to safeguardlegal rights. In this paper, the compulsory motor vehicle liability insurance theorybasis, according to the case of the controversial points, combining his judicial practiceachievement of in-depth analysis, articulate their views and opinions.This paper is divided into three parts, the first part, leads to case, mainly citingcase sequence of events and the trial was introduced, and in this case the controversyproblem to undertake preliminary summary.The second part of the compulsory motor vehicle liability insurance theoryoverview, clear legislative purpose, according to the current laws and regulations, thecase of disputes arising from one one detailed discussion and analysis, clearly whichkind of viewpoints are helpful for judicial practice problems associated withreasonable solution. The first issue is on the victim’s scope definition," motor vehicletraffic accident responsibility compulsory insurance regulations " third on the victim’s scope is too narrow, and whether the legislative purpose of discrepancies arediscussed. Second points of controversy is regarding the victim’s direct request rightissues related to the analysis and argumentation." Motor vehicle traffic accidentresponsibility compulsory insurance regulations " to the point of controversy in theprovisions are not very clear, ambiguous, resulting in the trial process differencesemerged, indirectly caused the victim’s legitimate rights and interests can not betimely and effective maintenance, but also increase the litigation cost. Finally, therescue fund system and insurance liability limit in practice to analyze the existingproblems.According to the third part in the case of dispute, discussed how to improve themotor vehicle liability insurance system, so that our country motor vehicle trafficaccident victim interests insurance relief system has become more mature, rational.