The Problem In Judicial Application Of Compulsory Motor Vehicle Traffic Accident Liability In China

With the rapid development of social economy, the motorization process of our country has been accelerating constantly, but in the meantime, the accompanied traffic accident has been in a high-incidence state and the road traffic safety issue has gained more and more people’s attention. So it is urgent for us to establish an effective risk prevention mechanism and a security system to disperse the damage compensation liability risk of traffic accident offenders and to insure the interests of the victims in the traffic accidents can get timely and effective compensation. For the reason of this, the Compulsory Liability Insurance of Motor Vehicles of our country was arisen. However, the establishment of a legal system has been bonded to the need of social life and whether the design of the legal system can adapt to the social objective reality to exert its function needs the test of practice. As the compulsory liability insurance system of motor vehicle in China started late, its specific operation still needs further research and exploration.In terms of judicial practice, China’s compulsory liability insurance of motor vehicles is sort of a new thing. Since2003, when the Road Traffic Safety Law establishes a system of compulsory liability insurance of motor vehicles, to the ratification of " Motor vehicle traffic accident compulsory liability insurance", then to the examination and approval of "Motor vehicle traffic accident compulsory liability insurance clauses", the motor vehicle compulsory liability insurance system basically shaped. But due to our country’s motor vehicle compulsory liability insurance system is incomplete, it caused some trouble to the application of law in the judicial practice. From this, it also reflects that this system’s security level of victims is low, and it’s hard for it to function well in the role of dispersing the compensation liability risk of the insured and of insuring the timely access to compensation of the victims.In this paper, through the damage compensation disputes of a few typical cases of road traffic accident, analyzing the several cases of the insurance company’s compensation liability range to the victims in the motor vehicle compulsory liability insurance, and respectively exploring four questions, the scope of compensation, the scope of the third party, the limitation of liability, the distribution of the limitation of many victims in the compulsory liability insurance of motor vehicles in our country at present. It will also check this system’s security level of the victims as well as its sharing degree of the insured liability risk, in order to explore the problem of the motor vehicle compulsory liability insurance system in our country. At last, this paper will analyze the reason of the problem caused by the motor vehicle compulsory liability insurance system and put forward that to solve the structure defect of this basic system through a legislative way, on the basis of this, so as to extend the scope of the third party, to reform the limitation liability set and to optimize the claim system.