Research On Payment Mechanism For Compulsory Liability Insurance Of Motor Vehicle

The legislative purpose of Motor vehicle compulsory liability insurance system(hereinafter referred to as "Compulsory Insurance System") is to safeguard the interests ofvictim. This paper discusses payment mechanism for compulsory liability insurance of motorvehicle based on the victim’s claim for insurance payment. The paper includes introduction,body and conclusion.The introduction using the statistical data shows that the road traffic accidents in ourcountry are multiple and severe, so it is urgent to improve the road traffic accident damagecompensation system and give relief for the victims.There are five parts in the body of this paper:The first part is mainly about the overview of road traffic accident compensation andcompulsory liability insurance system. Firstly, it introduced a variety of current remedymechanism for victims, demonstrating the rationality of the ultimate using compulsoryinsurance mechanism in our country. After that, the part illuminated the status of compulsoryliability insurance system based on its legal relationship.The second part directly involved in the core issue of the compulsory liability insurancesystem: victim’s direct right of claim. Because of the different understanding andconfiguration of victim’s legal status, the countries have taken different measures of thevictims. By comparing the German, Japanese, French, American and Taiwan’s motor vehiclecompulsory liability insurance system, we found that although different countries and areashave different understanding of the nature of the direct right of claim, and their legislativemodel also differ, but they all give the victim right of claim directly. With the improvement ofthe victim’s legal status, it is a consensus that right of claim for victim given directly by law.But our current laws and regulations, we can’t come to the conclusion that victims have directright of claim, showing that lagging in lawmaking of our country is severe.The third part mainly discusses the theoretical basis of insurance payment mechanism,based on article seventy-six of “Law of the People’s Republic of China on Road TrafficSafety” as evaluation object. It also uses the principle of liability insurance and tort liabilityimputation principle to demonstrate the irrationality of "no responsibility to pay", to reveal thereasons of adopting "no responsibility compensation", and to give suggestion toreconstruction of article seventy-six. China Should adhere to the mandatory liability insurance pattern, and gradually make transition to the principle of no-fault liability in tort liabilityaspect, at the same time, strictly limit the scope of the compensation of insurance to excludeproperty damages.The forth part aims at solving the main problems that appears in the practice of thecompulsory liability insurance, and guiding the judicial practice. Confirming the paymentobject and the risk covered by insurances; combining the insurance legal system and tortuousliability to define and calculate the payment project; leaving the abolishing of the limitation ofliability, which involves the expertise of insurance system, to the legislative or theadministrative authorities.The fifth part elaborates the limitation of insurance payment. Used the22ndsection ofCompulsory Insurance Regulation as the main evaluate object, this part defines the nature ofpayment on account system through the introducing theory and practice development, andholds the opinion that payment on account belongs to the generalized exemption. Accordingto the insurer subrogation system of compulsory insurance system in Taiwan district, the partdistinguishes the subrogation from claim. The problem that the insurer can’t claim thecompensatio culpae is considered by the legal regulations, and this article holds the opinionthat this problem should be discussed after adopting the temporary payment system,classifying the traffic accidents and rationing the insurance payment.The main conclusion of this article is as followed:1The principle of “compensation without liability” is too compelling, and as the tortuousliability is the premise of insurance system, the basic principles of liability insurance shouldbe obeyed.2The existing legal regulations haven’t given the sufferer the direct right of claim, so itneeds to be done through legal form.3The object of insurance payment should include passengers. The range of insurancepayment should exclude pecuniary loss, maintain the limitation of each projects, limit theexclusions clause, and adopt subrogation system and payment in account system.