Comparative Study On The Legislation Models Of Motor Vehicle Compulsory Insurance

With the growth of motor vehicles, traffic accidents are increasing quickly whichresults to huge amount of damages. The motor liability compensation model isalready overloading the tort liability compensation capacity due to its complexrelations between the traditional tort liability and the victims. Traffic accident hasbecome one of the most brutal nuisances that human beings have to face. Manycountries and regions of the world have formulated laws and regulations related tomotor vehicle compulsory insurance to ensure that the victims of traffic accidentsreceive reasonable compensation since the1920s.The Legislation Models of Motor Vehicle Compulsory Insurance include LiabilityInsurance System and No Fault Insurance System. China has also adopted LiabilityInsurance System but the effect seems rather controversial in practice. This article iscomparing the two different patterns between Liability Insurance System and NoFault Insurance System among the countries and regions of the world in order toreflect on our system design.Chapter one produces a brief introduction about the basic theory of the motor vehiclecompulsory insurance legislative models. The development of the motor vehiclemarket causes many traffic accidents. It raises the issue of the challenge of victims’protection. The tort system is starting to change in order to take under account thoseissues. One of these changes is the enforcement of the Liability Insurance System andof the No Fault Insurance System. Chapter two is a comparative study on the legislative models of motor vehiclecompulsory insurance. This chapter mainly introduces legislations and practices of thetypical countries and regions of the world. Pondering over these two legislativemodels through the three main following points: legislative ideas, scope of the victimsand insurance compensation ranges.Chapter three analyses China’s motor vehicle liability compulsory insurance andreflects on the roots of the problems. Trying to determine a legislative idea thatconforms to the essence of the liability doctrine, searching for the policy goal of thesystem through the range of the victims, thinking about the deviation of the system’sdesign by the scope of the compensations, observing the victims’ inadequateprotection reasons based on the compensation.Chapter four presents the idea of the transformation of China’s motor vehicle liabilitycompulsory insurance in the face of its current situation that China has alreadyentered the Auto Society. This paper suggests electing the No Fault Insurance modelin order to support the legislative idea of victims’ protection while designing thesystem. In addition, motor vehicle liability compulsory insurance shall be properlyconnected to the individual voluntary third party liability insurance, so that they cansupplement each other and work together.