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Reseach Into The Protection Of The Rights Of The Third Party Damaged In Traffic Compulsory Liability Insurance

Posted on:2018-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:C D XuFull Text:PDF
GTID:2346330518462941Subject:Law
Abstract/Summary:PDF Full Text Request
With the Chinese further advancing reform and opening up,the level of national economy and people's life has been greatly improved,the vehicle quickly into the homes of ordinary people,has become the main means of transport.At the same time,with the number of vehicles in our country are increasing,and the traffic facilities in our country is weak,and the motor vehicle driver the quality and traffic safety awareness is relatively low,leading to high rate of traffic accidents in China.Traffic safety accidents not only to the whole society caused huge economic losses,and more worthy of attention for individual accident damage.Especially damaged third traffic accidents,it is often not the accident The onset,often bear a huge trauma caused by the accident,not only physical injury may be accompanied by mental trauma.And if in accordance with existing laws and regulations,the third party can not be damaged more comprehensive and effective protection.Traffic compulsory liability insurance system started late in China,only more than and 20 years of development in many settings,the system is not very good to shoulder the maintenance of traffic compulsory liability insurance rights and interests of all parties,the task of balancing the interests of all parties.In order to better promote the traffic compulsory liability insurance business healthy and orderly development,and for social functions and responsibilities more effectively to pay high insurance guarantee personal and property loss,it is not just about we actively learn from Absorbing the experience of the advanced countries and regions,and combining with the actual situation of our country's economy and society,etc.,to explore a suitable for the actual situation of our country.Firstly,the case leads to two problems,namely our country compulsory third party damage range is too narrow and damaged the third party direct claim right stipulated too restrictive problems.Then for these two problems were discussed.In the first case revealed through the China compulsory third party damage legislation the problems are pointed out too narrow range of damage to third party compulsory insurance system in our country,then analyzed the causes and the combination of foreign countries and regions for the relevant provisions of the compulsory insurance third party damage range,that China should to damage the third party to give the corresponding expanding in scope for second;question:China's case Traffic insurance damaged third party direct claim right exercise has many limitations.The legislation of our country through the analysis of the legal provisions in foreign countries and regions,claim should be given to the third party does not damage the exercise condition of.
Keywords/Search Tags:Traffic compulsory liability insurance, Compulsory liability insurance, Damaged third party, The right of direct claim
PDF Full Text Request
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