Compulsory Motor Vehicle Liability Insurance In The Third Person

As a liability insurance，the compulsory liability insurance system of motorvehicles is tied to the owner or the user of the motor to the victim’s traffic accidentdamage. This system was used by most countries in the world, it is purpose to protectthe third person’s interest in the traffic accident. So what is the compulsory liabilityinsurance system of motor vehicles？ Who is the third person of this liability insurancesystem？ How to protect the third person? These questions should be explain in lawstrictly, however the law which about third person in compulsory liability insurancesystem of motor vehicles in our county is not perfect, it result in practical applicationnon-operability. Meanwhile, with the rapid growing number of the private car, how tocompensate the third person’s lose timely and sufficiently after the accident is veryseriously. This paper discussed not only the status of the third person and the right ofdirect claim to insurance company, but also the benefit protection of third person undersocial rescuing foundation of traffic accident. As follow the main body detaileddiscussing is:The first part analyzed the status about the third person, and the scope of them. Thespecial status required clear the scope of the third person. The writer introduced thethird person’s scope divide standard in our country, and connected the divide of the thirdperson in judicial practice in China, then presented our country’s divide is very narrowly,the writer advised our country to expand the scope of the third person reasonably.The main content of the second part is that the third person’s right of direct claimto insurance company. In this part, the writer analyzed there is no legal rule about theright of direct claim, took example by different country’s legal provisions about theright of direct claim. The writer considered that we should set the right of direct claimand suggested that establish some matched provision at the same time, so that ensure thethird person’s right of direct claim can come true.The third part introduced the system of the social rescuing foundation, as well asthe third person’s protection of the rights and interests under this system. In our countrythere were so many shortcomings about the system of the social rescuing foundation inlaw. The writer proposed to expand the rescue person, increased the source of thefoundation and the pursuing of recovery target of salvage service.Generally speaking, the writer compared foreign legal principle contacted our country’s legislation and judicial practice, put some advises about how to improve thethird person’s legal protection.