Research On The Exemption Issue Of Compulsory Insurance Of Motor Vehicle Accident Liability

In May of2004"Road Traffic Safety Law" and in July of2006“theRegulation of Compulsory Insurance in Traffic Accident”promulgated andimplemented,which means the compulsory insurance in traffic accident inChina would be legislated as the public target.Because of imperfectlegislation,sparking a series of debate concerning the scope of dutyexemption of the theory and practice of community,especially the debateon the Article22states the following four aspects in“the Regulationof Compulsory Insurance in Traffic Accident”such as the driving withoutlicense;the drunk drivers;the mobile stolen or robbed with the accident.Even two courts in the same region released two diametrically oppositeverdict.In addition to general introduction and conclusion,the paper isdivided into four parts.The first part summarizes the compulsory insurance of motor vehicleaccident liability and the exemption issue system.It is extremely important,because it’s the priority and basis for discussing the emptionof the compulsory insurance.The second part introduces specific cases,presenting details anddigests of case, summing up the objection of issue.Then introduces lawsand regulations of the exemption issue in the compulsory insurance of motorvehicle accident liability.Finally,expounds the different opinions andtheir corresponding reasons of the exemption issue by theories and actualsituation field.The third part researches and analyses five respects of the exemptionissue,including the value goal of the compulsory insurance of motorvehicle accident liability,the rank of law,the explanation of propertyloss,doctrine of liability fixation and the recourse of insurer.Thenproof that the primary and foremost purpose of the compulsory insuranceof motor vehicle accident liability is the protection of the victim’sbenefit and the principle of the rank of law,the Regulation is effective.The explanation of property loss should be a narrowed meaning.victim’shuman trauma should be compensated by the insurance company.Finally,according to fair and just legal principle,the purpose of the maintenanceof safety of traffic and point of balancing the benefit of the insurancecompany, the insurance company should not undertake final responsibility.The fourth part gives some suggestions on this problem,according tothe above-mentioned analysis.In the condition of the Article22states,within the scope of the compulsory insurance of motor vehicle accidentliability,victim’s human trauma should be compensated by the insurancecompany.Simultaneously,the insurance company should be given the recourseto the infringers who are in fault.