An Empirical Analysis Of The Person In Car Converting To “the Third Party” In Compulsory Insurance For Traffic Accident Of Motor-driven Vehicles

Compulsory Liability Insurance of Motor Vehicles(hereinafter referred to as“CLIMV”) is the first compulsory liability insurance established in our country by law. It stipulates the scope of the third party which plays a part in ensuring the safety of the third party as victim and maintaining the traffic safety. Due to the late start of China’s CLIMV, Road Traffic Safety Laws only sets rules for CLIMV’s processing principle of compensation, but does not provide an explicit range for the third party as victim. The relevant provisions of the third party in CLIMV are too general, which makes the judges have divergences in affirming the third party in CLIMV in a motor vehicle traffic accident: similar cases may lead to totally different judgment or different victims may have totally different insurance compensation in the same case. When passengers and actual driver in car and passengers who are getting on or off separate themselves from the car by some reason and have a crush with the car which causes themselves injured or died, whether they can be a third party to get CLIMV’s compensation or not becomes the focus of controversies in judicial practice. If these controversies cannot be properly solved, it is bound to affect judicial fairness, unity and authority. Therefore, how to define the change of the person in car to CLIMV’s third party is a real urgency.This thesis analyzes the problems of changing the person in car to CLIMV’s third party through real cases, and does the best to solve the theoretical and practical problems in it. The thesis is divided into four parts. The main contents are as follows: The first part gives a brief overview of the basic facts and legal trial cases in four practical cases. The second part talks about the analysis of disputed points in these four cases and elaborates the different points of view; The third part analyzes the basic legal theory of the third party: first, analyzes the meaning of the third party in CLIMV and the legal position of it; secondly, analyzes the specific circumstances of changing the person in car to the third party; last, sum up these changes.The fourth part draws the conclusion of this research and put forward some views on the selected cases, in order to contribute to the definition of the boundary when the person in car converting to the third party in CLIMV.