The Research Of Compulsory Third Party Liability Insurance

With the rapid growth of car ownership in China has greatly enhanced themotor vehicle road traffic accident risk, long plagued our country road safety.2004,"Road Traffic Safety Law,"and2006"Compulsory Automobile Liability Insuranceregulations "were promulgated, formally established the compulsory third partyliability insurance system. However, due to compulsory insurance of liability of thelack of legislative experience, our motor vehicle third party liability insurancesystem is still lacking obvious, in particular the scope and status of the proceedingsof a third party, the responsibility system and supporting related systems, there arestill more Gaps and deficiencies. Through value analysis, comparative analysis andhistorical analysis of China’s motor vehicle third party liability insurance system,insurance benefits, the main system, accountability, and related supporting acomprehensive system of analysis and argument.Chapter structure of the body of the article were composed of six parts:The first chapter, motor vehicle third party liability insurance overview of thelegal system. First, the theory of liability insurance sources, concepts and basiccontent of the development process and determined to establish, and our liabilityinsurance from voluntary to mandatory legislative practice are analyzed; followed bythe analysis of the compulsory third party liability insurance legislation Process andthe existing legislative system; end of compulsory third party liability motor vehiclethird party liability insurance and commercial insurance, deposit paid in advancewith the temporary nature of such purpose from the relevant institutions at home andabroad, operating system and other aspects of comparative analysis.Chapter II, China’s motor vehicle third party liability insurance insurancebenefit analysis. First of all motor vehicle third party liability insurance of aninsurable interest in the content, that it has a "personal"and "basic living"of thefeatures: Second on the compulsory third party liability insurance system for the protection of the weak equity legislation Terms of value and design the specific rulesof proof.Chapter III, of compulsory third party liability insurance liability insuranceanalysis. First, compulsory third party liability insurance, the principle of strictliability attribution analysis, and puts forward a motor vehicle and motor vehicles,motor vehicles and non-motor vehicles, pedestrians point of view of differentialtreatment; Second, from the practical point of view of the current legislation,Personal rights and property, respectively, from the perspective of the interests ofmotor vehicle third party liability insurance and statutory areas of responsibility wereanalyzed negates the argument; Finally, analysts believe that China has adopted abreakdown of each accident is the maximum amount of compensation legislation,and The specific amount of the low limits of liability.Chapter IV, motor vehicle third party liability insurance of the party status ofthe proceedings. Motor vehicle third party liability insurance that includes accidentinsurance contract, tort law and the legal relations between the three parties involvedin civil subject. First, from the practice of current legislation the statutorysummarized the scope of accident victims, and legislation of the third foreign directcompensation claim for the value analysis, and discusses its possible use in China;second is based on the relative contract Breakthrough in principle, of legislativepractice and reviewed the judicial practice of insurance companies in the LegalStatus of embarrassment and controversy.Chapter VI, to further improve the compulsory third party liability insurancesystem of the path is a key element of the article. First, the proposed compulsorythird party liability insurance system for motor vehicle traffic accidents attributableto the unilateral principle of strict liability, multi-vehicle traffic accident outside ofstrict liability, internal fault liability point of view; second, the third motor vehicle ofproperty interests from Liability insurance system are separated into areas ofresponsibility of commercial insurance, and the establishment of the "Life-the body-the production and living,"the overall sequence of repayment priority to protect theability to give priority to the actual performance of the insurance benefits; concluded that the victim People should be excluded from the legal fiction, and established adirect repayment claim victims, and analyzes the review of the insurer negates thedefense of the current system, proposed eligibility drivers, civil impairment causallink, the effective period of the contract and other specific improvement ideas.