Case Research On The Issues Of Transformation From Person In Motor Vehicle To The Third Party In Compulsory Traffic Accident Liability Insurance

Recent years,with the development of economy,the role of motor vehicles as transport tools is more and more important and the number of motor vehicle is increasing year by year.The following problem about transportation safety has cropped up more and more people's attention.The protection of the compulsory traffic accident liability insurance is more indispensable.Traffic accident liability compulsory insurance system in China was set up in 2006 and became common in 2007.It needs to develop.Some rules have no clear meaning and can not guide the judicial practice.Through scanning the judicial judgments in the last few years,we find that for the same types of cases,there are different judges.These differences mainly focus on that whether the passengers can become the third party of the compulsory traffic accident liability insurance and in what kind of situation that happens.Those are the contents of this essay.The paper is mainly to discuss the problem,through the study of a combination of theoretical analysis and empirical analysis and in the form of case study.Firstly,we divide these controversial cases into four categories: the case of drivers who are injured by the car,when they are out of cars;the case of passengers who are thrown out of the car and injury;the case of passengers who are thrown out of the car and injured by the car secondly and the case of passengers,including drivers,who have been out of the car,which they just take,and injured by it.Secondly,based on the comparison of four types of cases,we try to get the factors which affect the decision.We finally find that these factors are identity factor,subjective factors and the time factor.Finally,this paper attempts to provide a unified judicial practice reference standard,recommendations and guidance of the identification process related issues.