The Identification Standard Of The Third Party Of The Motor Vehicle Liability Insurance

The protection mode of the victims in traffic accidents is made of the motor vehicle compulsory liability insurance and the commercial insurance in China.That is to say,<The Road Traffic Safety Law>and<The Regulations of The Motor Vehicle Compulsory Liability Insurance>provide the fundamental guarantee and the commercial insurance plays the complementary role.However,the meaning of underwriting objective is expressed by doctrine of elimination,it is not clear to understand and makes a confusing trail practice.Supported by the cases sorting,this paper focuses on the differences between the motor vehicle compulsory liability insurance and the commercial insurance to analyze the scope of the third party of the motor vehicle liability insurance.Trying to make a conclusion of extensive interpretation of the third party of the motor vehicle liability insurance,after discussing the different judicial ideas appear in the juridical documents of different areas.This paper consists of the Introduction and five parts.The first part is the the third party of the motor vehicle compulsory liability insurance.It introduces the concept of the liability insurance and the third party of it,in order to make clear concepts for the rest parts of the paper.Then introduces the concepts and the characteristics of the motor vehicle compulsory liability insurance.Then it takes a whole look of the system of the motor vehicle compulsory liability insurance in our country to find some disputed problems.To make a better understanding of the third party through a better understanding of the staff of the vehicle and the the insured.The second part focuses on the third party of the commercial insurance.As a supplement of the motor vehicle compulsory liability insurance,it has a smaller scope of the third party.It is clear to see the auxiliary function of the commercial insurance by the differences.It do not cover every exceptions of the motor vehicle compulsory liability insurance.This part also tells the disputed problems of the third party of the commercial insurance.The third part is based on the first two parts.By sorting the disputed problems mentioned before,reading large amount of juridical documents of different areas,through introducing and analyzing the cases,this paper makes a conclusion that the courts do not make any different about the compulsory and commercial insurance,and have very different identification standards of the third party.The forth part talks about the enlightenment of the third party of the motor vehicle liability insurance in judicial practices.First,it clears the nature of the third party,then it lists different attitudes about this question,in accordance with the development need to make an extensive interpretation of the third party.The fifth part is the conclusion.Combines with the judicial ideas of different areas.Make a view that the third party means different in the motor vehicle compulsory liability insurance and the commercial insurance,but it is ignored by most courts.We should follow the sequence of compensation of compulsory and commercial insurance,separately determine whether a third party or not.If he or she is a third party of the motor vehicle compulsory liability insurance,the exceed compensation should follow the requests of the commercial insurance.We should know that the third party will not be determined after the traffic accident happened,and a united standard is needed to replace the case interpretation.