Study On The Insurer’s Principal Status In Litigation

With the sustainable increase of motor vehicle ownership in china, the cases on compensation for damage in road traffic accidents are increasing progressively. The litigation status of insurer is one of the representative issues in the study of cases on traffic accident damage compensation. Aiming at rectifying the state of chaos caused by different judgments made by local courts, the Supreme People’s Court promulgated "Interpretation on Several Issues concerning the Application of Law in the Trial of Cases on Compensation for Damage in Road Traffic Accidents"(hereinafter referred to as Interpretation) in 2012. The judicial interpretation of the provisions in the pay high insurance cases, the court shall ex officio be added as a co-defendant insurer, in commercial insurance, and then only in the context of the application of the parties only added as a co-defendant. Establish the status of the introduction and explanation of the insurer’s litigation, as the trial of such cases to provide a legal basis for arguing such cases temporarily draw a conclusion. However, with the running of the system, new problems continue to gush, "interpretation" on the rationality and legitimacy of 25 are being questioned. Article seeks through the "interpretation" of Article 25 of the system in order to carry out a critical analysis of the theoretical analysis and comparative law research methods combined with a clear direction of improving related systems.The full text is divided into four parts.The first part of the proceedings cut from the insured status of the theoretical analysis, the insurer’s position in the proceedings of four theoretical possibility: the court ex officio additional co-defendant, the court based on the client application and the additional co-defendants, no independent third person neither as common nor as a third party defendant, the pros and cons of the different institutional arrangements and different theoretical basis behind after the introduction, combined with the actual situation of country’s third-party system, come to choose our choice of co-defendant insurer litigation status possibilities.The second section details the status quo by law, litigation against the insurer of the insured status of the difference, the insurer will pay high insurance need for joint action of the defendant, and commercial risks insured by the application of the three joinder as co-defendants. Selection theory to explain and institutional arrangements with certain forward-looking rationality, theoretical support and design advantages of the introduction of the designer of the system, lack of realization of the design of the system and the state runs its theoretical question.The third part of the detailed analysis of the "interpretation" after the promulgation of the issues, including the conflict between unrealistic joint action of the theory of Civil Procedure, as well as the provisions of the existence of judicial practice. First, explain to the insurance company to pay high insurance identified as a co-defendant, the provisions of the common theory contradicts our traditional litigation, litigation is the theory of the breakthrough. Second, the interpretation of the provisions, under the premise of the party requesting the status of commercial litigation three insurers can be defined as v joinder complaint with the contract and infringement of the co-defendants, such treatment is largely based on efficiency considerations lawsuit But in judicial practice, but is prone to sacrifice the insurance contract and tort cases heard only make insurance complaint of infringement complaint become a vassal; and finally, to explain the introduction of the ultimate goal is still to protect the rights of the parties of the litigation, But in the absence of substantive rights under the relevant institutional background, explain and failed to achieve its purpose, but because it makes heavier insurance liability insurance company fail to comply with the obligations, to the detriment of the substantive rights of the parties.The fourth part on the basis of the above analysis to build a case of road traffic damage insured status of the legal system of the subject of proceedings for reference and made suggestions to improve. There are an additional need for joint action to expand the scope of joint action necessary to develop a new theory of procedural law, to resolve conflicts with the provisions of the traditional theory of the need for joint action. Improve pay high insurance system to achieve complete protection inside and outside litigation, maximize pay high insurance system to protect the rights of victims purposes. Additional procedural safeguards autonomy commercial insurance, is fully protect the interests of the parties.