Direct Claim Right Of Third Party Against Compulsory Liability Insurer

Compulsory liability insurance has been widespread in the field ofinternational marine insurance. However in China, regardless of thetheory or practice, it is still not perfect. Compulsory liability insurancecontains a lot of the issues to be discussed, such as insurance coverage,limits of liability, direct action system and the right for insurer’s defenses.This article selects the direct action system as the object of discussion andstudies China’s compulsory liability insurance in the direct action system.China’s compulsory liability insurance on direct action system is still in agradually established and perfect stage. The existing laws, regulationsand departmental rules are contradictory. These contradictions anddeficiencies in the system lead to a waste of judicial resources and therights of the victims to delays in the timely compensation. At last thesocial purpose of compulsory liability insurance is difficult to achieve.This study puts emphasis on that how to build a direct action system ofcompulsory liability insurance that can make it advance with the times.The first chapter and the second chapter of this dissertation describe the basic theories about Compulsory Liability Insurance andDirect action, then analyze the value orientation of the CompulsoryLiability Insurance. The Traffic Insurance is compared to the MarineCompulsory Liability Insurance in the third chapter to find out thesimilarities and differences. The fourth chapter analysis the regulationsthrough the International Covenant and domestic laws in this stage ondirect action. In the last chapter the author puts forward some suggestionsof the legislation of the Traffic Insurance and Marine CompulsoryLiability Insurance to make domestic laws on direct action more perfect.