On The Determination Of The Third People In The "Traffic Compulsory Insurance"

The State Council on July 1,2006 promulgated the motor vehicle traffic accident liability compulsory insurance Ordinance,marking China formally established a motor vehicle road traffic accident liability compulsory insurance system,among motor vehicle traffic accident liability compulsory insurance system in the main content is motor vehicle traffic accident liability compulsory insurance,referred to as the motor vehicle traffic accident liability compulsory insurance.The insurance implementation of nearly 10 years of time,to ensure the safety of road traffic accident victims get timely and effective economic compensation and medical treatment,reduce the economic burden of the Party of traffic accidents,maintaining social harmony and stability and played an irreplaceable role.However,due to China for motor vehicle traffic accident liability compulsory insurance legislation is not perfect,resulting in practice in the process produced a large number of disputes,especially for motor vehicle traffic accident liability compulsory insurance object,scope of the "third party",the lack of clearly defined,resulting in a large number of traffic accident victim to "pay strong risk" security.Motor vehicle road traffic accident liability compulsory insurance is the fundamental purpose of the protection of third people,and thirdpeople in the category that is not clear will directly affect the realization of the purpose.And our country on the motor vehicle compulsory insurance theory study mostly concentrated in the demonstration of motor vehicle traffic accident liability compulsory insurance necessity and rationality and the third person's right of claim,for motor vehicle traffic accident liability compulsory study of the definition of the third party insurance is not much.And countries around the world have automobile compulsory insurance,and for the scope of automobile insurance,namely the three range has expanded trend,like the United States,Japan and other countries the compulsory automobile insurance no fault insurance system,"others" have draw lessons from a meaning.Motor vehicle road traffic accident liability compulsory insurance is the protection of victims of traffic accidents can get timely compensation and to help,but to fully realize this purpose,need in balancing the interests of all parties,the legislation and may expand motor vehicle road traffic accident responsibility compulsory insurance of the third party,in justice to strictly implement the motor vehicle road traffic accident liability compulsory insurance of the third party is defined in the standard,in order to protect the legitimate rights and interests of the participants in traffic,the maintenance of social stability.