The Victims’ Directly Request Right Of Motor Vehicle Liability Insurance

With the development of automobile industry, the surge in the number of motorvehicles, people in the experience brought about by the convenience of vehicles at thesame time, frequent traffic accidents, people get the probability of damage of themotor vehicle greatly increased. Motor vehicle compulsory liability insurance as oneof the protection of the rights of the victim relief means, its objective function, is forthe victim to provide rapid basic guarantee.By the implementation of Law of the People’s Republic of China on Road TrafficSafety, Insurance law and The Regulation on Compulsory Traffic Accident LiabilityInsurance for Motor Vehicles, the legal system of Chinese traffic accident liabilityinsurance is established. Nevertheless, as a result of the immature development ofcommercial law theory and practical experiences, the legal system was born withdesign defects. The most significant drawback should be the lack of the direct claimof the victim, which prevent the realization of the legislative goals. It is not conduciveto balance the interests among the insurer, the insured and the victim.Focus on the task of protecting victim in traffic accidents, this article tries toanalyze the drawback in the current compulsory traffic accident liability insurancesystem. The first chapter of this article expounds the victim for direct theoretical basis,including motor vehicle compulsory liability insurance, defining the basic concept forthe victim and the victim directly. The second chapter analyses the current legislationin our country, the legislation of the right of claim for to the victim directly deficiency.The last part of the article, through draw lessons from other countries and regions oflaw, improve the victim for direct theoretical basis, the conditions and systembuilding.