Study On Direct Request Right Of The Third Party In Liability Insurance

At present, China’s insurance industry has entered a rapid development period.Many people constantly delve deeper in the relevant theories research. the value orientation of liability insurance has changed a lot. Specifically,the protection of the interests of the insured has gradually shifted to focus on the protection of the interests of the victims of the third, how to effectively protect the interests of the third people, is an important issue of insurance legislation and is also an important issue that practice must face. In 2009 the amendment of our country Insurance Law, made the liability insurance for the third party direct claim right appear explicitly in the basic law of our country for the first time which has progressed significantly, but China’s current Insurance Law of the third party victim direct request rights provisions have internal contradictions and lack of scientific.As a result, there are many problems in the practical operation, the liability insurance entitles the victims of the third party direct claim right, but doesn’t sort the liability insurance to make a distinction, some types of insurance industries have been treated differently, such as compulsory liability insurance and arbitrary liability insurance.They focus on the different legal benefits,if we do not distinguish, then we cannot reflect the various emphases on the protection of the interests of the law. As a result it will seem biased.In addition to the basic law Insurance Law has stipulated direct claim of third people,in special laws, there are also the provisions of the third people claim right. But these provisions do not interlink very well.In this paper, by researching the direct claim right of the third person in the liability insurance found some ways to dissect theoretically and rethink and found a number of problems to be solved. In real life, such cases are common, so it is necessary to study the right of direct claim of the third.In this paper, by analyzing the construction found some problems.In order to solve the problems I put forward some superficial suggestions, and expect to improve the insurance legislation of our country.In this paper, we first discussed the theory of the direct claim of the third person in the liability insurance.This part firstly by the introduction of two real cases posed some problems. In our present life, there are many similar problems.When asking the insurance the victims often face many difficulties and this it the motivation of this paper.After posing the question we introduced the concept of the third people claim right and explained the connotation of the direct claim right. Secondly we described the existing theory of the nature of the right of the direct claim right and how to determine its nature.Make it clear that in different types of liability insurance, the third people have different claim rights.Thirdly explained the necessity of establishing the right of direct claim of the third person.Finally, it talked about the exercise of the direct claim right of the third person, as well as a variety of issues that need to be paid attention to in practice.Secondly, this paper we analyzed the current legal status of the direct claim right of the third person in our country.First of all, in the insurance law, there is a great progress, but there are also shortcomings.First, the insurer’s direct payment is "can" or "should" exists internal contradictions.Secondly the provisions didn’t distinguish different types of the third direct claim right.Thirdly the condition of exercising the right is not clear.In the special law although some laws have established the right of direct claim of third people, the relevant provisions of the special law have not formed a system, there is still a long way to go.Finally, we summarized the rules of the direct claim of the third people in our country.In this section we first introduced some cases of direct claim right in the main developed counties and regions and then learned some lesions from them.Finally we obtained the main suggestions of optimizing the rules of the direct claim in our country. We should sort out the article 65 of the insurance law itself and solve the internal contradictions of the legislation. For different types of liability insurance, there are different interest biases, so the direct claim right of the third should be treated differently. Make sure the condition of exercising the the claim right and pay attention the the insurers’ participating right and so forth.