Study On The Construction Of Public Liability Insurance Legal System

In recent years, China’s public security accidents, caused serious economic losses, underminedsocial harmony and stability, and seriously threatened the personal and property safety of familiesand individuals.Public liability insurance is a very effective means to safeguard public safety, itplays a vital role in protecting public safety.Therefore, in order to protect public safety, preventionof public safety incidents, protect personal interests and safeguard social stability,studies on publicliability insurance is essential.Public liability insurance, also known as general liability insurance or general liabilityinsurance.Broad public liability insurance coverage almost all liability for damages;Public LiabilityInsurance narrowly, only the insured person a fixed place as an insurance regional context,somemajor coverage for property damage or personal injury to others in the workplace, the law should beborne by the insured various damages. Public liability insurance with insurance varied widelypolicyholders and victims are not specific characteristics.Specifically including spaces liabilityinsurance, liability insurance carrier, contractor liability insurance, personal liability insurance andother comprehensive insurance category.Public liability insurance and public safety are closelyrelated.Its main functions are to shift the risk function, to compensate the loss of function and socialmanagement.These features are beneficial to disperse public liability risk, help protect public safety,protect public interest.At present, China’s public liability insurance coverage is low, slow development, the reason ismainly due to the flawed legal system and the insurance market.China’s insurance market,including specific defects in the insurance industry is not standardized, product design is notreasonable, the insurance company not pay enough attention, lack of awareness of the insured risk,lack of government support efforts and other issues.Defects in our legal system, including thepresence of a specific legal system gaps, the legal system is not perfect, unknown legal liabilityprovisions and other issues.Our public liability insurance defects lead to its important functions isdifficult to achieve, the public interest is difficult to maintain, difficult to serious consequencesliability insurance market development. Public liability insurance coverage is low, the market share is small, slow development, themost fundamental reason is that flawed legal system, the lack of legal protection.Therefore, only theestablishment of a mandatory public liability insurance legal system in order to improve anddevelop public liability insurance.This is to protect the public interest, promote social stability andcompensate for economic losses and reduce the burden of government, voluntary liability insuranceto avoid obstacles and other practical needs.Meanwhile, the government, insurance companies,operators and consumers place a greater demand, China’s compulsory insurance legislation andtechnology to improve the promotion of insurance compulsory part of the success of the pilot areasand other factors, the establishment of a mandatory public liability insurance law system is feasible.Compulsory public liability insurance legal system mainly includes the following aspects:First, the parties to the insurance contract and the rights and obligations of thirdparties.Compulsory public liability insurance contract the insured parties, including insurers.Policyholders generally insured.Third party insurance contract, is the victim of the insured personentitled to the right to request compensation for compulsory public liability insurance contractoutside parties. There is no obligation to third parties only enjoy the right to a direct request.Second, insurance and liability exemption.Compulsory public liability insurance liability isinsured in the insurance period, which occurred in the insurance should take place according to thelaw of economic damages.Its Exclusions include: absolute exclusions, exclusions andresponsibilities relative other than the three that can be attached covered.Third, the insurance period and the determined rate.Compulsory public liability insurance ofthe insurance period is generally one year or less than one year.Its rate is determined mainlyconsider the insurance limits, deductibles, insurance companies underwriting Regional Trade andsize and other factors.Fourth, insurance underwriting and claims.Compulsory public liability insurance in theunderwriting process to go through underwriting preparatory work before signing the insurancecontract, the insured risk control after three links.The claims include claims limitation, claimshandling procedures and dispute content.Five is related liability.Specifically include liability insured and the insurer liable.Once abreach of the insured and the insurer compulsory public liability insurance law system, then youneed to bear the legal consequences. Six is other legal requirements.Provisions such as jurisdiction, insurance regulatory provisionsregarding the provisions on other related systems.Other related systems, including social assistancefund for public safety, temporary payment system and re-insurance system.