Research On The Direct Claim Right Of The Motor Vehicle Compulsory Liability Insurance

Motor vehicle liability compulsory insurance(hereinafter referred to as "compulsory insurance")is a statutory liability insurance.At present,China's compulsory insurance legislation mainly has the "the law on road traffic safety","insurance law","Compulsory insurance Ordinance","Judicial interpretation of the Supreme People's Court on the compensation for road traffic damage but analysis of the compulsory insurance legislation.As the core,the most direct and effective protection of the interests of victims of the content is to the compulsory Insurance direct claim right of the victim is not specified,as well as the definition of the scope of the victim in the judicial practice,there are disputes,appear the contradictory judgment of different judgments,increasing the difficulty of the victim in the invisible.Now has enough to give the victim the right theory and practical conditions: on the one hand,the evolution of rules of tort law principle analysis,tort liability law and gradually increase the protection of victims,and now the value concept of liability insurance has been transformed in order to protect the interests of victims as the center,make the victim get rid of the past,attached to the insured can obtain compensation difficulties become possible.In this process,the principle of privity of contract also provides theoretical support for it.On the other hand,the insurance has expanded to various fields,with the function of social management,has become a part of people's social life,in addition,has the experience of success in foreign countries and regions for reference and control the insurer defense and reconciliation in litigation to provide realistic conditions.For the personnel on the car,the insured,the policy-holder,the driver and thrown out of the bus and other special circumstances can be transformed into insurance compensation for the victims,should be based on the principle of proximate cause of the insurance law as the criterion.The insurer as compensation obligations,not in compensation,although the identity of the "interpretation" of article twenty-fifth as a codefendant,but does not accord with our common litigation theory,therefore,it is necessary to introduce the "object of litigation implicate litigation" to improve.The victim in the exercise of compulsory insurance victims' direct claim right,should meet certain conditions,such as the insured obligation to insure the compulsory motor vehicle liability insurance,the insured in accordance with the provisions of the tort law shall bear tort liability and other conditions.Based on the above analysis,the two aspects of our country should perfect the compulsory insurance direct claim system: on the one hand should fully comply with and implement to protect the interests of victims of the strong insurance value,taking into account the interests of the parties.On the other hand,we should improve the specific system,such as the existing compulsory insurance related legislation to amend and give the victim the right to pay a direct claim to reduce the scope of insurance liability and determine the right of limitation of action.