On The Compulsory Traffic Accident Liability Insurance Payment Mode

The very first national legislation enforced by insurance- compulsory traffic accident liability insurance of the People’s Republic of China on July 1, 2006 came into force. To pay high insurance system for the purposes of the rights of accident victims to provide the most basic protection, and promote the construction of the road traffic safety is an integral part of the road safety regulations are very important. But to pay high insurance system as a "exotic" is a novelty in the field of insurance law, and certainly not smug. Especially in the judicial practice, involving pay high insurance accident cases case complicated, and with the surge of Chinese continuous economic development and national consumer index, pay compulsory insurance system, especially accident divided responsibility and payment mode breakdowns can not meet the current compensation for social and economic development, a large number of traffic accident damages disputes ultimately borne by the majority required commercial motor vehicle third party liability insurance or the insured, can not be achieved to fill the victim to pay high insurance losses and dispersion reduces the risk of the insured paid mind. In this case, part of the court to pay high insurance-related laws and regulations applicable to the conduct of the work, the direct determination to pay high insurance underwriting agency paid in pay high insurance compensation for the total quota, the move by the author in the foregoing cross-strong insurance payment methods suggestions for improvement can be achieved the same purpose, but as the judiciary, under the premise of not to pay high insurance legislation to modify the system directly apply mutatis mutandis to pay high insurance payment limit, in fact, from the other side also reflects more points responsible for the accident to pay high insurance and breakdown of payment limits mode in our judicial practice embarrassment, some of it is quite upset mutatis mutandis court. Therefore, in order to fundamentally change the judiciary, "offside" the legal creation of embarrassment, we must pay high insurance system at the root of that pay high insurance legislation in today’s conditions were consistent with the revised and improved. Establish and improve the cross-strong insurance system does not happen overnight, it takes a relatively long-term process, but also need to change the socio-economic environment with constantly adjusted. Through analysis of the cross-strong insurance currently applicable accident divided responsibilities and divided inadequate term limit payment modes exist, and compared with such as the European Union, Japan and other pay high insurance system which is more perfect state and region, combined with the author engaged in judicial practice to pay high insurance payment to China experience and thinking patterns to explore the direction of the reform of pay high insurance payment mode.