Comparative Study On The Covering Scope Of Motor Vehicle Compulsory Liability Insurance Of The Cross-Straits

The motor vehicle compulsory liability insurance was established to ensure the traffic accident victims to obtain timely, convenient, and effective compensation and then maintain the safety traffic order and stability of the whole society. And the covering scope of this insurance system is most critical for the victims. This thesis attempts to make a comparative study of the different legislating regulations cross-straits, analyze the advances of legislation in Taiwan which can be borrowed by mainland China and at last put forward some legislating advices perfecting the covering scope of the compulsory liability insurance of motor vehicles basing on the covering scope regulated by the compulsory liability insurance of motor vehicles both in mainland China and Taiwan.The main body of this thesis consists of three parts:The first part is the introduction to the compulsory liability insurance of motor vehicles in both mainland China and Taiwan. The present author intends to illustrate the characteristics and functions of the compulsory liability insurance of motor vehicles in China and analyze the characteristics of compulsory insurance system basing on the distinction between the compulsory liability insurance of motor vehicles and commercial motor vehicle third party liability.The present author is going to respectively depict the history and status quo of development of the compulsory liability insurance of motor vehicles cross-straits and then comes up with some legislative proposals of mainland China which can be borrowed by Taiwan.The second part is the cross-strait comparison of the covering scope of the compulsory liability insurance of motor vehicles. The present author intends to implement the comparative analysis of the cross-strait insurance coverage on three different levels:insurance bodies, scope of compensation and exclusion clauses of insurance scope. Then after discussing both the advantages and the disadvantages of the systems of mainland China and Taiwan, the present author attempts to come up with some regulations of Taiwan which can act as the reference for mainland China.The third part is to put forward some advices to perfect the covering scope of the compulsory liability insurance of motor vehicles. These advices include:adopting special legislation model, clarifying the scope of insurance bodies, adjusting the limit of liability, and restricting the exclusions of the insurance coverage.