On The Victim’s Right Of Direct Claim Against The Compulsory Liability Insurer

The purpose of compulsory liability insurance is developing fromcompensating the insured’s personal loss, to paying more attention on thevictim as the third party, and laying more emphasises on the realizationof social functions. The mechanism of victim’s direct claim againstinsurer in the compulsory liability insurance, breaking the traditionalprinciple of “privity of contract” in contract law, shall become animportant means of securing the benefits of third party. However, therespective theories on the direct claim mechanism in the compulsoryliability insurance are still immature, and therefore these deserve afurther study.This paper will mainly focus on the function and theory of the directclaim mechanism in compulsory liability insurance, so as to reveal theconcrete issue of oil pollution compulsory liability insurance. In the end，some constructional suggestions are proposed for development of thedirect claim mechanism in oil pollution compulsory liability insurance.