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The Definition Of The Third Party In Compulsory Automobile Liability Insurance

Posted on:2017-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:T ShiFull Text:PDF
GTID:2336330512464594Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid spread of industrial revolution in the world, motor vehicle has become an essential traffic tool in our daily life. People now can enjoy much convenience, but there are also many traffic accidents brought by traffic tools bothering victims at the same time. Therefore, based on their disadvantages, our country works out "People's Republic of China on road traffic safety law" and "compulsory traffic accident liability insurance regulations" to enforce motor vehicle to insure "Automobile Mandatory Insurance" for protecting the victims in traffic accidents and maintaining public road safety. Traffic accident damage purchasing direct victims for the insurance of the third party, the current insurance law stipulates that third party only includes personnel outside the car. Its substance is excluding the occupants, policy-holder and drivers from the scope of insurance the third party. It is too narrow and extreme lack of scientific nature and it is not good to protect the personal or property interests of victims.By learning the insurance system of the United States, Britain, Japan and Taiwan, I advise that our country should take insurance compulsory liability insurance mode and without fault liability insurance mode. Adjusting the scope of the third party at the legislative level. " compulsory traffic accident liability insurance regulations " Article 3 is amended to " Insurance company should give compensation for the insured motor vehicle road traffic accident damage accident liability drivers outside the victim's life or personal injury, property damage, compensate in the liability limit ". Furthermore, we should add two supplementary terms and conditions to explain concept of "the third party" and "liability drivers ". The third party is victim, it includes insurant. Liability drivers is the actual control of the insured vehicle when the accident happened and at fault for the results of the accident. At the same time of expanding the scope of the third party, to balance the interests of the insurance industry, related departments should be appropriately raise insurance rates. The insurance rates can be decided in accordance with the regional economic development of the country.
Keywords/Search Tags:compulsory automobile liability insurance, liability drivers, the third party, insurance mode
PDF Full Text Request
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