The Institution Of Compensation For Mental Injury Insurance In The Study

After rise of motor vehicle traffic accident liability insurance, motor vehicle traffic accident compensation for mental damage problem more and more attention, insurance underwriting company as the first motor vehicle traffic accident compensation liability subject, whether the compensation items include mental damages of a direct impact on as the main body of the liability to pay compensation business all risks insurance and tort compensate those responsible have to bear the amount of compensation, and whether they are item into the insurance compensation for mental damages of the controversy of numerous scholars, legislation, judicial practice and academic also hold different views. Whether in addition to mental damages of motor vehicle traffic accident should be covered by insurance compensation item this involves the subject of liability cognizance question there is a big controversy, mental damages of applicable problems in insurance, compensation standard problem also exists the dispute. This paper will be in the form of case analysis report, such as lan-ying gao v China life insurance of motor vehicle traffic accident liability disputes case as an example, to research respectively on the controversial issues.In insurance company insured as the principal part under the premise of the first motor vehicle traffic accident compensation, liability of compensation for mental damages of the main body is the primary problem to study in this paper. At present, China’s judiciary is generally believed that the first of mental damages of motor vehicle traffic accident liability subject should also be insurance of insurance company accept insurance, and within the insurance death disability compensation limit, mental damages can get the priority of compensation with but as a result of mental damages whether into the insurance compensation for a lack of legislation, academic controversy still rages for this problem. A great academic controversy, imperfect legislation, the author still support at present, China’s judicial practice of compensation for mental damages of the main body that point of view, and think insurance underwriting company completely can be used as the first compensation for mental damages of motor vehicle traffic accident.To the problem of mental damages of applicable controversy has centred on insurance scope of mental damages. Lan-ying gao a prominent case of mental damages of the scope of application problems for mental damages of applicable whether tort fieldincluding criminal infringement, in this paper, the author will be in the scope of mental damages of part emphatically analysis on this question, in addition, the author will also apply to the spiritual damages of subject scope, the object scope.This article to study the third controversy as the standard of compensation for mental damages of the insurance. Our country’s compensation for mental damages of motor vehicle traffic accident standards has been the lack of clear explained by the law, but in the judicial practice of each provinces and cities in the standard of compensation for mental injury but is applicable, the author thinks that this is limited to areas of our country on the basis of the guidance to the high court of the standard of compensation for mental damages is accord with China’s national conditions, to adapt to the regional economic development of our country, and should be encouraged.