Research On The Liability Of Motor Vehicle Accident In Non Compulsory Traffic Insurance

With the rapid development of social economy and the level of people's quality of life has improved,owning a vehicle is not a symbol of wealth and status,but only people walk out transport tools,Car Buying has gradually become commonplace,like in the home purchase a piece of furniture,but some people in the joy of neglect of legal regulations.The concern and attention.Some people think that Car Buying had spent all their savings,in order to save money or because of the presence of temporary economic difficulties or temporarily do not want to postpone the purchase of motor vehicle traffic accident liability compulsory insurance(hereinafter referred to as the "traffic compulsory insurance");some people think that their luck,driving technology is very good it Don't buy traffic compulsory insurance;others due to their own original does not meet the driving conditions or driving motor vehicle theft,"black car",so did not dare to buy traffic compulsory insurance,with the main reason is the understanding of the traffic compulsory insurance as a result of inadequate.Once this kind of not buying traffic compulsory insurance the vehicle is being leased or lent friendship,is stolen after the traffic accident will be caused by,who will bear the mandatory liability legal liability insurance limits in traffic,although in the interpretation of the Supreme People's Court on the trial >< physical damages in road traffic accident case law applicable to a number of issues(hereinafter Called "< road compensation for a number of explanations)" the provisions of article nineteenth,when the motor vehicle insurance obligation and tort are not the same person,the insured obligation and tort in compulsory traffic are jointly and severally liable to the victim insurance within the limits,but this explanation with some local courts similar without the purchase of motor vehicles traffic compulsory insurance for traffic accident cases in the judicial practice,in the form of compulsory liability insurance results within the limits of the traffic is not unified with the provisions,the explanation is not widely in response to social complex problems.This paper will start with not buying traffic compulsory insurance for motor vehicle accident case,combined with the similar case A comparative analysis of treatment,this article has found the applicable law from the legislative defects,analysis of traffic compulsory insurance characteristics of reason and nature,determine the obligations of the insured,the insurance scope,liability principle and liability form of compensation.Hope to give some insights and suggestions for learning theory research and judicial practice let the victim relief activities,effective protection in,but also can effectively protect the legitimate rights and interests of the owner of the vehicle without damage.We should have implications will not buy motor vehicle accident cases of type of traffic compulsory insurance,to determine the traffic compulsory insurance within the limits of the scope of liability and liability form,such Only in favor of the protection of the victims can get timely and effective legal protection and relief,but also conducive to the stability of social order.This paper mainly includes the following parts:The first part introduces the basic situation of the case,the court's judgment and the focus of controversy in accordance with the case.The second part refers to several other similar cases focus of controversy and trial results,combined with the provisions around the court in the case of a similar analysis leads to legal problems discussed in this paper: after failing to buy compulsory insurance of motor vehicle traffic accident liability compulsory insurance limits in traffic,how to achieve a balance of interests between the more equitable victims with the motor vehicle insurance obligations?The third part is the analysis on the legislation of traffic compulsory insurance mainly includes:(a)analysis of causes of traffic compulsory insurance of property;(two)to determine the insured obligation;(three)to determine the scope of the compulsory traffic insurance;(four)the principle of imputation;(five)the traffic compulsory insurance responsibilities.The fourth part through comparison,induction,according to motor vehicle accident did not buy traffic compulsory insurance after the responsibility,should be the types of cases of compulsory liability insurance and to determine the subject within the limits in traffic,scope of responsibility and liability form.Some claims interpretation > nineteenth amendments to the "road.The fifth part of the conclusion emphasizes the role and practical significance of the judicial practice in the judicial practice after the type of traffic compulsory insurance vehicle accident cases.