Research On The Legal Problems Of The Exemption Clauses Of The Compulsory Insurance Of Traffic Accident In China

The exemption clauses of the compulsory insurance of traffic accident are permitted by law as a legitimate right for insurers to run their companies reasonably in our country. It is an inevitable product of the commercial mode of our compulsory insurance, but it takes the positive role to prevent the moral hazard, reduce the unreasonable premium claims and take the balance of the interests between the parties, so that the exemption clauses are the important parts of the compulsory insurance contract. But there’s the phenomenon of the proliferation of litigation and "co-contracting", arouse the argument about the legitimacy and reasonable of the exemption clauses, and the problems of "the insurers’provisions of no responsibility" and the omissions of clauses’design. The main reasons are the different interpretation of the relevant regulations, and the victim claims in Articles are not clear enough, the confusion of the insurer’s contract liability and the tort liability of the insured, and the responsibility for insurer to advance its right of recourse and its mechanisms absence of legislation as well. Therefore, this paper on the basis of accurately defined the connotation and extension of the exemption clauses of the compulsory insurance of traffic accident in China, and with the judicial practice of its legal problems as the entry point, analyze and proof the legitimacy and reasonable of the exemption clauses in order to sort out the legal logical relationship between the current legislation and judicial interpretations. At the same time, this paper learn from the advanced of the legislation of the extra-territorial major countries and regions, the primary objective of the system of compulsory insurance should be protect the victims from personal injury or death, in order to balance the relief interests between the parties. We should accurately identified the effects of the exemption clauses, and harmonize the article’s applicable, through the judicial interpretation to make the applicable conditions clearly, and establish and improve the responsibility advance its right of recourse mechanisms. Finally, we should redesign the exemption clauses of the compulsory insurance with the judicial interpretation in order to make a meaningful discussion.