The Discussion About The Motor Vehicle Compulsory Liability Insurance In China

As the concept of defensing civil rights, the motor vehicle compulsory liability insurance becomes an integral part of social justice. But the establishing time of insurance system in our country is short so that it has many problems such as insurance target positioning bias, insurance model choice conflicts, the personal injury compensation deficiency, guarantee of local passenger defaults, the claim right of the third party insuffices and the insurer’s right of defense to the victim are excessive. So it needs to be improved immediately. Thus, this paper will analyze the main problems by the methods of comparative, empirical and literature research analysis, etc. learning from the experience of other countries or regions, this paper will work out the solutions to solve these problems, guiding with the concept of ‘the practicable efficiency and fair’, by my opinion.The first part introduces the history of the insurance system and the theoretical origin, starting with the insurance’s connotation, and defines the principle and target positioning further, laying the groundwork for the studying and improvement of the insurance system. The second part analysis insurance target, pattern arrangement, the scope of compensation, compensation object, the victim’s rights, and the insurer the right of defense, etc, basing on the current research of the insurance system in China and points out problems existing in it. The third part probes into the mainstream of the world’s three insurance modes and beyond the scope of successful insurance system, offering the experience for system consummation in China. The fourth part puts forward some countermeasures on the basis of the study above, from the improvement of the mixed mode as the breakthrough point, in order to explore suitable methods to develop the insurance system in China. These countermeasures mainly are about: to establish a compensation system with single personal injury compensation, canceling the limit of sub items and higher amount of protection; to enhance quick-compensation system emphasizing on fully suffered the third person direct claim; to strengthen the right guarantee of victims from two aspects that reasonable limits the insurer the right of defense and take the local passenger into protection scope.