Research On The Third Party Direct Claim Right Of The Traffic Accident Liability Compulsory Insurance

Insurance is a system of dispersing dangers and digesting losses.Since the implementation of the cross-strong insurance system,not only promotes the road traffic safety,but also disperses the vehicle driver's compensation risk,guarantees the traffic accident victim's legitimate right.As an important means of realizing this legislative purpose,the right of direct request of the third person is also very simple in the design of the system,and there are some doubts about the scope of the third person and the rights of the claim.Based on the legal analysis of the right of direct request of the third person,combining the relevant insurance theory and the existing legal provisions and relevant cases of the China's cross-strong insurance system.And examining the legislative examples of other countries and regions,the right of direct request to the third person with strong risk is discussed,with a view to the right of the third person to be able to make direct request to exert its maximum function,and to make our country's cross-strong insurance system more perfect.In addition to the introduction and conclusion,this article is divided into the following four sections:The first chapter is the theoretical basis of the right of direct request for the third person.This chapter analyzes the nature and legal basis of this right from the meaning and origin,and expounds the value of the system,as the starting point of the definition of the right of direct request for the third person.The second chapter is the present situation and existent problems of our country's legislation.This chapter starts with the current cross-strong insurance law regulation in our country,analyzes the problem of the direct request right system of the third person,and expounds the disadvantages arising from the deficiency of the right,and discusses the necessity of establishing the right of direct request of the third person.The third chapter is the comparative Law analysis of the relevant laws.This chapter introduces the legislation of the major countries and regions such as Britain,Germany,France,the United States,Japan and Taiwan,and summarizes the characteristics of each other,so as to provide reference for perfecting our relevant laws.The fourth chapter discusses the right of direct request for the third person to improve ourcountry.Through the discussion of the above three chapters,this chapter proposes the concrete proposal to perfect the right of direct request of the third person.