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Study On Motor Vehicle Traffic Accident Liability Compulsory Insurance And The Difficult Law Problems Of It

Posted on:2015-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:P YangFull Text:PDF
GTID:2266330428455991Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Motor vehicle traffic accident liability compulsory insurance, insurance forshort, refers to the insurance company for the insured motor vehicle’s road trafficaccident caused by default of personnel, the insured outside of the victim’s life orpersonal injury, property damage, compensate in the liability limit of compulsoryliability insurance.With motor vehicle’s number is growing quickly number of today’s society,traffic accidents are frequently occurrence, traffic accident liability compulsoryinsurance began to appear. Countries to set up insurance purpose are to provide helpfor the victims of road traffic accidents, quickly and timely, so it has the character ofgovernment and mandatory. Since the implementation of the insurance, it has playeda major role in promoting road safety, protecting motor vehicle road traffic accidentvictim’s legitimate rights.In this paper, the first part expounds the theory of insurance system, The secondpart is the regulation of insurance law system, This paper discusses the insurance atthe core of the legal system. This section introduces the countries on the basis of itsown national conditions and on the basis of economic development, for makingrelevant laws and regulations. Mainly conclude insurance legal relationship, therelationship between the rights and obligations of the parties, the compensationstandard and scope of compensation, recovery system and relief fund system. Motorvehicle insurance in China has played a lot of positive role, at the same time there arestill some problems in the system design and application. This paper will introducefrom the principe of responsibility imputation of the insurance company, the scope ofinsurance claims, the limitation of liability, the insurance compensation for mentalinjury and the road traffic accident social relief fund. Then, in the fourth partapplicable to the above problems puts forward some suggestions to solve.In this paper, using historical research method and comparative analysis methodsto analyze the legal system of compulsory motor vehicle traffic accident liability insurance, in reviewing our insurance system history and foreign practical experiencefor reference. Focus on motor vehicle insurance of our country related legal problemsexisting in the law carried on the analysis, to improve the above problems of motorvehicle insurance puts forward the corresponding countermeasures and Suggestions.Based on the thorough analysis on the problems existing in the current of motorvehicle insurance law in our country, puts forward the correspondingcountermeasures and suggestions. At the same time, to ensure the scientific justice isbased on the rule of law means, through the perfect and related law system of themotor vehicle insurance system, to establish a balance among the interests ofinsurance system, to adapt to the needs of the social economy high speeddevelopment of our country, promote the development of the motor vehicle insurance.
Keywords/Search Tags:Compulsory Insurance for Traffic Accident of Motor-driven Vehicle, DifficultLaw Problems, Benefit Balance, Solution Suggestions
PDF Full Text Request
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