Research On Exemption Of Insurance Liability Of Motor Vehicle Compulsory Liability Insurance

At present, the rapid rise in the number of motor vehicles, the arrivalof the "car society" acquires higher requirements on both traffic matchingfacilities and legal matching facilities. In2006, China established motorvehicle compulsory liability insurance, which has played a decent role torescue victims in motor vehicle accidents. However, many problems stillexists in the system, where there are much controversy for its exclusions.Traditionally, the excluded risks of motor vehicle compulsoryliability insurance only includes one who is the intended victim of anaccident. There is a view that the provisions of Article22also providesexclusions of motor vehicle compulsory liability insurance, butexplain-controversy exists in this ordinance. In the terms of “propertydamage”, there are different explanations and conclusions on whether theprovisions of Article22should be defined broadly or narrowly. But neitherof them are perfect, resulting in that the judges cannot be unified on theapplication of the law in trial practice. In theoretical circles, the viewsof insurer disclaimed and insurer claimed both exist.In terms of the exclusions of motor vehicle compulsory liabilityinsurance,from the analysis of legislative purpose and its nature andpositioning, protecting the interests of the victims should be its mostimportant legislative goal.The view from the relevant departments on theinterpretation of the legislative grounds, the equal protection of theinterests of the victims did not be fully considered the beginning.Avoiding adverse social consequences caused by the its exclusions, SupremePeople’s Court has introduced a judicial interpretation reset the rangeof advance payment. This judicial interpretation referred to thelegislative experience of Japan, Germany and Taiwan, paid in advance andthen recover, are recognized in the relevant legislation in these areas.Motor vehicle compulsory liability insurance is not without the scope ofthe exclusions, and its exclusions are not limited to the circumstancesof intentional victim. In the three cases of the provisions of Article22,the exclusions is not only include damage to property, also include theultimate liability for personal injury. Insurance liability exemption hereis in a very special form that insurer underwriter pay advance, and thenrecover.The exclusions system provided in the judicial interpretation ofthe motor vehicle compulsory liability insurance, despite many advantages, there are some problems. Firstly, the provisions of exclusions andadvance in judicial interpretation lacks of a legal basis.second,administrative agencies and the judiciary conflict on the view andprovisions of its exclusion, which impact motor vehicle compulsoryliability insurance run smoothly. Third, insurance companies willundertake the adverse consequences of litigation,and raise insurance lossratio. To solve the problem above, the recommendations are as follows:The relevant departments should modify the regulations in a timely manner,unify understanding; insurance company shall establish a professionalrecover system; expand the role of“road accidents social assistance fund”;implement national reinsurance or national compensation mechanisms.