The Study Of Indemnity On Enforced Insurance In Responsibility Of Automobile Traffic Accident

With the development of the social economy, the ratio of traffic accident increasescontinuously. In order to suppress its non-stop increasing rate、protect victim’s benefitand improve the security of road traffic, the State Council launched the Practice OfInsuring The Responsibility Of Automobile Traffic Accident, which will beabbreviated as the Practice in the context below，But as the Practice go into effect,various problems began to emerge that the theoretic area and practical area、the victimand insurers have inconsistent understanding toward some issues of the Practice,which leads to the situation that the same or similar cases have quite different or evenopposite judgments. By virtue of this, to enhance the recognition of problemsconcerned, the writer intends to discuss of several problems in cases concerninginsurance of enforced compensation in automobile traffic accident which is prone toarguments and concerns the radical interest of all interested parties.In all judicial judgments, fierce arguments occur in the problems such ascompensation of psychological loss、free items、distribution of compensationalresponsibility of insurance company and so on,as to which courts have differentjudgments. As a result, interest of interested parties is severely harmed and judicialauthority is threatened to some degree as well. Therefore, it is of great necessity toshed light on these issues theoretically、lawfully and practically so as to establish aclearer common recognition. In addition, the problem of compensation-receiver isalso worth paying attention to, which concerns whether the victim is the receiver ofenforced compensation. In essence, it is about deciding whether the victim is on theautomobile. In common circumstances, compensation-receiver causes no arguments,but in particular ones, especially when it is difficult to decide whether the victim is onthe automobile, interested parties tend to argue about this. Hence, it is also necessaryto discuss the problem of compensation-receiver in particular cases.In total, the writer intends to conduct narration using the structure ofsummary-elucidation. In the former part, the writer will introduce the definition、characteristics、compensational principles of automobile traffic accident enforcedinsurance、its difference from commercial insurance and its existing problems in ourcountry so as to state in advance the related issues below, making the narration in the following simpler、clearer and smoother. In the latter part, the writer will study andcome up with my views on such problems as compensation of psychological loss、freeitems、distribution of compensational responsibility of insurance company on the basisof theory、law、current judicial situation and arguments and some cases.