The Research Of The Third Party’s Direct Request Right Of Compulsory Traffic Accident Liability Insurance

The system of compulsory traffic accident liability insurance is a compulsoryliability insurance which takes the liability for damages that the insured shouldundertake to the third party victims as insurance object. The main purpose of thesystem is to protect the third party victims’ legal rights and benefit in a better way.Many countries and regions in the world have established the system of compulsorytraffic accident liability insurance and entitled direct request right to third partyvictims. The promulgations of road traffic safety law and Motor vehicle trafficaccident liability compulsory insurance regulations in our country indicate the systemof compulsory traffic accident liability insurance has been established. However, thesystem does not entitle direct request right to third party victims, which causes theinterests of the third party victims in our country cannot be effectively protected.This paper first analyzes the problem regarding the third party victims’ difficultyin claiming for compensation and points out that the lack of the direct request right forthe third party victims is a considerable factor leading to the difficulty. Subsequently,the paper analyzes the concept, characteristic and jurisprudential basis for the directrequest right of the third party victims in theory. And then, the paper analyzes thecurrent system of compulsory traffic accident liability insurance in our country andcompares it with the counterparts of other countries and regions. Meanwhile, thepaper also points out some disadvantages of the system and sets forth the necessity ofentitling the direct request right to the third party victims in our country. In the end,based on the above analysis and in combination with the situation of our country, the paper puts forward some recommendations and legislative proposals about theimprovement of the third party request right in our country.