The Research On The Limits Of Liability Of The Compulsory Trafficaccident Liability Insurance For Motor Vehicles Of China

Based on the conflicting legal cases and judicial data in practice, thispaper vertically explored legislative history, identified the source of theproblem and legislative intent; horizontally compared sophisticatedlegislature of multiple countries and regions, paving the path to the solutionsand suggestions over the legislature of the liability system and the limits ofliability of the compulsory traffic accident liability insurance.The author’s proposition is to clarify the misunderstandings in bothpractice and academics upon the domestic compulsory traffic accidentliability insurance mechanism, to emphasize the nature of the traffic accidentliability insurance as a kind of liability insurance, to adhere to the essentialprincipal of the liability insurance, to make the insurant’s “traffic accidentliability” be the basis of the insurance liability of the compulsory traffic insurance, to adopt “strict liability within the limit” system and to abolishrelated regulations on the “compensation for irresponsibility”. Meanwhile,shall set up different standards on liability ascertainment and compensationstandard between personal casualties and property losses. Compensation ofthe compulsory traffic accident liability insurance shall not include propertylosses. For limits of liability, uniform limits of liability shall be implementednationwide, the mode of “breakdown of the limits” shall be adopted. Shallstrictly divide death and disability compensation from medical compensation,and identify detailed limits of liability according to different items. What’smore, the current compensation standard on limits of liability shall beenhanced, and should be adjusted according to future social-economicdevelopment. Finally, special legislation shall be drawn up on compulsorytraffic accident liability insurance, enhance the hierarchy of the relatedlegislation, strictly abide to the due process of the legislative procedure, formcomprehensive legislation and in the end realize the unity and authority ofjudicial system.