The Study On The Protection Of Victims Of Motor Vehicle Compulsory Liability Insurance

Motor vehicle compulsory liability insurance plays an important role in solving the trafficaccidents. On the one hand, the motor vehicle compulsory liability insurance could disperse therisks which the owners or governors of the vehicles; on the other hand, it can provide timely andbasic relief to the victims of the traffic accidents. The motor vehicle compulsory liabilityinsurance system was found in2006with the effective of the <Regulations on CompulsoryTraffic Accident Liability Insurance for Motor Vehicles>.Because the social security in Chinacannot afford the victims of the traffic accidents, the key function of the motor vehicle compulsoryliability insurance system is to provide basic and timely protection to the victims of trafficaccidents. The motor vehicle compulsory liability insurance system has been effective for sevenyears, but some basic problems still exists, i.e. the purpose and system. From the standpoint of thevictims of the third party, there are three questions need to be cleared. First is the scope of thetraffic accidents victims whom under the protection of the motor vehicle compulsory liabilityinsurance. Second, whether the victims have the right to claim compensation from the insurerdirectly. Third, under what situation will be covered by the motor vehicle compulsory liabilityinsurance system.When analyze the motor vehicle compulsory liability insurance system, the academic mainlystress the characteristic of liability insurance. The scholars discuss the motor vehicle compulsoryliability insurance on the ground of the liability insurance and gave the proposal how to reform themotor vehicle compulsory liability insurance system. There are few scholars discuss the motorvehicle compulsory liability insurance on the basic of the true circumstance in China, as the result,the reform and suggestion about the motor vehicle compulsory liability insurance can’t solve thetrue problems. The paper chooses to focus on the main problems which faced by the motor vehiclecompulsory liability insurance system, try to explain the effective motor vehicle compulsoryliability insurance system in China. The footstone of the paper is the law and regulations aboutmotor vehicle compulsory liability insurance in China, then combine the cases and thecircumstance and then discuss the basic problems faced by the protection of third party of thevictims. This paper is divided into five parts:The first part discusses the basic theory of the motor vehicle compulsory liability insurancesystem, including the concept and the special characteristic of the motor vehicle compulsoryliability insurance system. The second part discusses the imputation principle of the trafficaccidents. The traffic accidents can be solved under the tort law, the imputation principle is thestart to solve the traffic accidents, and the paper gives another thought about the imputationprinciple to solve the traffic accidents. Part three mainly discusses the scope of the victimsprotected by the motor vehicle compulsory liability insurance system. The paper combined severalcases to discuss the meaning of the regulation. The fourth part focuses on the law and regulation,which govern the motor vehicle compulsory liability insurance system, to explore the nature of theright of claim shared by the victims. Part five discusses several circumstances that would affectthe compensation provided be insurer.