Research On The Project Of Compulsory Traffic Insurance Compensation

This thesis elaborates the main problems in the limit of the compulsory traffic insurance by introducing a case,including: one is whether there is a compensation order in the sub-item of the limit of medical compensation expenses in the compulsory traffic insurance and if there is,what the order is;the other is whether there is a compensation order in rescue charges and non-rescue charges in the medical expenses and if there is,what the order is.This thesis is composed of six parts,including case introduction,summary of the limit of the compulsory traffic insurance,the problems in the limit thereof,the reasons therefor,problem analysis and suggestions for legislation.Part One introduces a case about the recovery of rescue charges by aid funds and detects there are for different decisions through assumption and calculation.In order to clarify this possibility in the similar cases,it is found that this situation is very common after sampling statistics.Part Two briefly elaborate the limit of the compulsory traffic insurance from the perspective of the concept of liability insurance,the international practice of the compulsory traffic insurance,and legislative provisions on the compulsory traffic insurance and the limit thereof in our country.Part Three discusses the problems in the limit of the compulsory traffic insurance,including the controversies over the rank of the legal validity of the Regulations on the Compulsory Traffic Insurance of Motor Vehicle Accidents and the Provisions on the Compulsory Traffic Insurance of Motor Vehicle Accidents,the controversies over the legal nature of the Provisions on the Compulsory Traffic Insurance of Motor Vehicle Accidents,no legal provisions on whether the sub-item has the compensation order and what the order is under the limit of the compulsory traffic insurance and no legal provisions on whether there is a compensation order between rescue charges and non-rescue charges and what the order is.Part Four analyzes the reasons for different decisions on the case,including the low compensation limit of the compulsory traffic insurance,no provisions on whether the subitem has the compensation order and what the order is,and no correspondence in the conceptual connotation in rescue charges and medical expenses,diagnosis and treatment charges and hospitalization expenses.Part Five analyzes the case,which is the focus of this thesis.This part makes analyzes in the understanding on the rank of the legal validity of the Regulations and the Provisions,the understandings on the legal nature of the Provisions,the low compensation limit of the medical expenses and whether there is an order in each sub-item.This part focuses on whether there is an order in each sub-item and makes analysis from the tort law theory,the opinions of the practical circle's experts,legislation status quo,judicial practice and common sense,including there is no order in the compensation sub-item in the tort theory,the practical circle's experts also hold that there is no order in the compensation sub-item,it can be found that from the literal meaning that the medical expenses under the compensation limit of medical expenses are prior to other sub-items in the current judicial interpretation,and the practice commonly adopted by the decision is that the medical expenses are prior to other sub-items in the judicial practice.Through the above-mentioned analysis,this part concludes that the medical expenses are prior to other sub-items and the rescue charges in the medical expenses are also prior to the compensation for non-rescue charges.Part Six proposes the suggestions for legislation.It is suggested to amend the Regulations on the Compulsory Traffic Insurance of Motor Vehicle Accidents and add the compensation rule in the judicial interpretation that medical expenses and rescue charges have the same priority.