Research On Perfecting The Motor Vehicle Traffic Accident Liability Compulsory Insurance

Due to the continuous progress of China's democratic and legal construction, the public awareness of law and right have further enhanced. With the increase of the compensation cases caused by the traffic accidents, the accident liability compulsory insurance system emerges. On March 28,2006, the accident liability compulsory insurance regulation is promulgated by the state council. And this regulation has also become China's first compulsory insurance system which is regulated by state law. The regulation plays a very important social security function in offsetting the victim's loss and reducing the incidence of traffic accidents.The accident liability compulsory insurance system in China starts late. It has a lot of problems compared with the developed countries. Since 2006, the system have loss and profit, but it is still losing overall. There are some urgent problems to be solved. For example, the compensation scope is narrow. The victim can't claim his compensation directly and the compensation limit is unreasonable. In order to promote the safety of the traffic and ensure the people's life, health and social harmony, we explore the perfect way to establish an advances insurance learning from the advanced traffic insurance abroad.According to the several obvious problems above, the author put forward the following suggestions. Firstly, the insurance should implement a commercial operation mode. The insurance company should manage independently and the market should be full of competition and let the fittest survive. In this way, the insurance business can develop virtuously. The insurance should distinguish the rate determination mechanism according to the different areas. The insurance should increase the return on investment and reduce the cost of the insurance. Secondly, the insurance should cancel the property claims and expand the scope of the victims and the third person. Thirdly, the insurance should give the victim direct claim for the compensation to guarantee the rights and interests of the victim. Finally, the insurance should merge the death and disability compensation limitsand the medical treatment limits. And also the insurance remove the fees, lost wages,transportation, and the accommodation out of the death and disability compensation limits.It should guarantee a sufficient limit to protect the victim's real needs.