Proceeding Position Of Compensation Cases In Traffic Accident Insurance Company

The legal status of insurance company, which is in traffic accident compensation lawsuit, has been controversial in the legal theory and judicial practice. This article is wrote to analyzing the status of the insurance company in legal theory, comparing with the similarities and differences in two kinds of insurance system. With analyzing the shortcoming of the current laws and regulations through different views in the academic circles and different approaches in trial practice, we can clarify the company of traffic compulsory insurance and the commercial insurance should be in a different lawsuit status in the traffic accident compensation lawsuit. In the insurance subrogation litigation caused by the tort.Traffic compulsory insurance company and commercial insurance company as a condition of the eligibility of the plaintiff also have been different.Based on the complexity of the oblige and obligor in the substantive law regulation and the diversity of objects in the hearing,including tort disputes and insurance subrogation litigation disputes, what more, the parties always put forward different options during the prosecution, we are trying to analyze the differences legal status between traffic compulsory insurance and commercial insurance companies and explore the theory basis of this choose of the parties to the case.The first part of this article is about the legal status of traffic compulsory insurance company in traffic accidents compensation lawsuit from theoretical basis to realistic practice The theory about the legal status of traffic compulsory insurance company is about the victim of third party to be insured whether there is a right of direct claim; Then from the Angle of litigation, in view of the different local practice, we have a eyes on the traffic compulsory insurance company as a co-defendant in infringement cases of road traffic accident, separately as the defendant, as the third person, and the possibility of a separate suit and is in the interests of the various litigation status to the insurance company; Based on the theory and practice, discusses the legal status of insurance company, this part is mainly from the theory of the civil procedure law in our country and the entity legal relationship between the start of the subject of litigation. The last, whether we can introduce the foreign advanced experience outside of the joint action system is to perfect the system of joint action in our country.The second part of the article studies the legal status of commercial insurance companies in road traffic damage compensation lawsuit. Through the analysis the relationship and difference between traffic compulsory insurance and commercial insurance, then comparing two in compulsory insurance system from imputation principle, scope of compensation, the compensation procedure and limits of different compensation, under the comb business risks insurance company on the basis of relevant theories of the subject of litigation, obtained for commercial insurance company’s legal status should be treated differently.The last part of the article is about the legal status of the insurance company in insurance subrogation litigation lawsuit. Interpretation of insurance subrogation litigation first, starting from the uniqueness of liability insurance, traffic accident liability insurance are discussed in the application of the insurance subrogation litigation; And differentiate the company insurance subrogation of litigation and the third person direct claim and the concept of creditor’s right in civil law, combined with the basic theory of insurance subrogation litigation the party system of children, to pay insurance and commercial insurance two insurance company in insurance subrogation litigation as a condition of eligibility of the plaintiff and the range are discussed in this paper.