Research On The Scope Of The Third Party Of The Motor Vehicle Compulsory Liability Insurance

The Motor Vehicle Compulsory Liability Insurance published and implemented in 2006 have the provisions of the scope of the third party, namely the passengers, the insured person outside of the victim. The law in some extent range of the motor vehicle’s third party, protect the interests of them. But more and more in judicial practice, there are many disputes happening due to the unclear provisions of third party, lead the rights of victims not to remedy。With the improvement of society and development of economy, the increase of traffic accidents brought with more complex cases to judge the scope of the third party, but at the same time the protection of human rights and the bias of victims pay more and more attention。The scope of the third party in the law becomes more and more narrow and not clear, many cases about the scope of the third party in the actual operation are not be detailed, so that the victim’s rights are not well protected, lead them to escape the legal sanction. In the future, we should be more detail in the scope of the third party, to stipulate in the legislative, judicial and other aspects to protect the third party’s rights.This thesis will discuss the problems maybe exist in the real life about the scope of the third party through the real cases. From the insurance law, tort law perspective, using empirical analysis and comparative analysis research method, seek the measures suited to China’s national conditions, judge the range of the third party in the insurance system, and make better safeguard the interests of the victim. This article will carry on the discussion from four parts to this problem.The first part is to analysis the dispute of the scope of the third party in the judicial practice. This part consists of three parts, through real case, i will discuss the driver of the car, the insured person and family members of them, can become the third party or not. Through case analysis method, study on specific problems, draws out the specific circumstances in the legislative situation.The second part is to introduce the scope of the third party and its problems. First explain the motor vehicle insurance and the third party of legal concept and legal status, clear that the legal concepts of the third party.Then explain the problem of scope of the third party of the motor vehicle insurance, put forward to the reason of expanding the scope of the third party.The third part is to compare the law of the scope of the third party in the Motor Vehicle Compulsory Liability Insurance.Through the introduction of the countries of Anglo American law system and continental law system countries in the compulsory insurance system, compare the system on the scope of the third party and understand the development and regulation of them, summed up the worthy of the countries of Anglo American law system and continental law countries legislation.The fourth part is the suggestion to improve our country motor vehicle insurance to expand the scope of the third party system. According to some theoretical and practical problems of the prior motor vehicle compulsory insurance in China, combined with the domestic and international legislation and judicial practice, puts forward some feasible proposals. The legislation on compulsory insurance of third party, modifies to expand the scope of third party through the relevant legislation, and strict exercise of judicial discretion, rational judgment of specific identity and nature of the third party from the real problems, let the third party’s loss suffered in motor vehicle accidents to have the full relief.