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The Study Of Motor Vehicle Traffic Accident Liability Compulsory Insurance Of Liability Limit

Posted on:2017-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:F ChenFull Text:PDF
GTID:2296330488970420Subject:Law
Abstract/Summary:PDF Full Text Request
Motor vehicle traffic accident liability compulsory insurance,also called third party compulsory liability insurance system,is in the present simple civil tort compensation mechanism for traffic accident damage suppression function is weak, under the background of the victims of traffic accidents, cannot achieve timely rescue. The current item of the system of limitation of liability for damage to the victim’s security level is low, how to improve the judicial practice is controversial, therefore, to meet the needs of practice, this paper discusses the limits of liability system. The paper is consist of three big sections:Section one is the main problems of the system of insurance of liability limit, combination of liability limit definition, combining with the practical cases, discusses maximum limits, medical treatment and component compensation mode the manifestation of the low degree to the victim protection.Section two is to compare with the foreign motor vehicle traffic accident liability compulsory insurance of liability limit and learn some useful experience from it, mainly from Germany, Japan and Chinese TaiWan. By contrast, advocated in our country should operate business model in harmony with the compensation mode, and focus on the prominent guarantee for life damage.Section three is to come up with some improvement suggestions for the item of insurance liability limit system, guided by the principle of basic safeguard and the principle of balancing of interests, Increase the degree of damage to the victim’s protection,must improve the current limit of liability,and introduced a mimimum limit of liability. Combined with the current background of risk society happens, has formed the diversity of the victim relief way,such as the civil tort compensation mechanism-. liability insurance mechanism and social relief mechanism,proposed lines of medicare and insurance system of medical expenses limit coresion,in order to improve the degree of medical relief for the victims. And claimed to adjust the current management principle,allow the insurance compenies properly to make a profit and make a internship marketization operation, implement the victim’s relief timely.
Keywords/Search Tags:motor vehicle traffic accident liability compulsory insurance system, itemized responsibility quota, life safeguard
PDF Full Text Request
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