The Interaction Between Tort Liability In Traffic Accident And Compulsory Liability Insurance Of Vehicle Traffic Accident

There are lots of traffic accidents every year in China.Compulsory insurance for traffic accident of motor-driven vehicle(hereafter referred to as compulsory insurance)and liability for tort interact with each other and co-serve the functions of protecting victims and maintaining the traffic safety.After the occurring of traffic accidents,victims could be compensated by the insurance company within the liability limit of compulsory insurance and on the other hand claim damages from the wrecker if the loss of victims fails to be paid within the liability limit of compulsory insurance,which is the dual-relief mechanism.China's laws specifically regulate the liability for tort outsides of the liability limit of compulsory insurance.The disputes both in theoretical cycle and practical cycle are large.However,the regulations on the interaction with liability for tort within the liability limit of compulsory insurance have some weaknesses and omissions,which leads to some disputes in the process of application.To deal with these disputes,the interaction between compulsory insurance and liability for tort is focused in this paper to analyze their roles in the traffic accidents and to explore the reasons of this relationship so as to provide evidences for the identification of liability for tort within the liability limit of compulsory insurance.This paper is divided into four parts.In the 1st part,no liability for tort has been regulated within the liability limit of compulsory insurance by Chinese law,which leads to the different views held by different courts in recognizing this situation in many practical cases.In the 2nd part,reasons of indefinite interaction are described.The common relationship between compulsory insurance and liability for tort is investigated.Then,the differences of these two in relief for victims are analyzed.At last,flaws of Chinese laws and regulations are pointed out.In part 3,modes of dealing with this problem in South Korea,Germany and America are introduced.It also introduces what to learn for the interaction between compulsory insurance and liability for tort in China.In part 4,some recommendations are proposed to improve this interaction in China.Author believes that the no-fault liability system should be implemented within the liability limit of compulsory insurance.However,in case of serious errors conducted by victims,the contributory negligence rule should be introduced so as to better deal with this problem.