Analysis On The Relevant Questions Of The Automotor Liability Insurance

The paper quotes a series of questions arising from a case in point as themain line, and makes legal analysis on some of the problems in China’s motorvehicle third party liability insurance system, and then puts forward someproposals to improve it. This paper includes three parts besides theconclusion:The first part is a basic introduction to the facts of the case, which leads tothree controversies about the case：1. the nature of third party liabilityinsurance in this case；2. Whether the person on board He Chaomin belongsto the "third party" of the third party liability insurance；3. Whether thedefendant insurance company is the proper defendant，in other words, whetherthe third party who should be compensated by the insurance company has adirect Petition-Right or not.The second part makes legal analysis on these controversies. Firstly, thepaper judges the nature of the third party liability insurance, by introducing itsthe basic situation, meanwhile, it also clarifies the reasons why the previouscourts had different referees to the controversial nature of third party liabilityinsurance for traffic accident disputes. Moreover, the paper also points out thenature of China’s third party liability insurance,and judges its nature of thecase. Secondly, it defines the scope of the "third person" in the motor vehiclethird party liability insurance, compares the scope of the "third person" incompulsory liability insurance and that in commercial motor vehicle liabilityinsurance，and also judges the scope of the "third person" in the case. Finally, it judges whether the third party of motor vehicle third party liability insurancehas the direct Petition-Right right or not. Similarly, it compares the differencesof the direct Petition-Right of the "third party" in motor vehiclecompulsory liability insurance with that in commercial motor vehicle liability insurance，and also analyzes whether the "Third person" has a direct Petition-Right or notin the case.The third part is the conclusion of the case, based on the legal analysis.First it summarizes the conclusions of the controversy of the case. Second, itanalyzes and points out the existing problems in China’s motor vehicle thirdparty liability insurance legislation. One is that there haven’t explicit legislationabout the "third party", the current range of the "third party" is too narrow,and also the direct Petition-Right right is not clear enough. Thus the authorproposes some improvements in China’s motor vehicle third party liabilityinsurance legislation. On one hand, the legislation should define and expand thescope of the "third person", on the other hand, the legislation should make acriteria for judging on the "third person" in commercial motor vehicleliability insurance，and finally it should specify some details of the directPetition-Right of the third party. From these aspects the author hopes to makesome contributions to the improvement of China’s motor vehicle third partyliability insurance。...