Study On The Explanation Obligation Of Motor Vehicle Third Party Liability Insurance

With the development of China's economy,the number of motor vehicles in our country is increasing year by year,and the frequency of traffic accidents that follow them is also increasing day by day.The accidents caused by the perpetrators and the loss of compensation caused by the perpetrators have occurred from time to time.People pay more and more attention to the problem of motor vehicle third party liability insurance.The existence of motor vehicle third party liability insurance has played a certain role in alleviating the losses of the victims caused by traffic accidents.At the same time,it is of great significance to avoid the great burden of life caused by the huge compensation paid by the perpetrator,which is of great significance to ease the conflict between the two sides and to maintain social stability and harmony.The establishment of compulsory insurance system for third party liability of motor vehicles aims to protect the interests of the victims and to ease the social conflicts.The maintenance of social harmony has played a positive role.However,due to the late development of the motor vehicle third party liability insurance system in China,there are some unavoidable problems in theory and practice.Many scholars have only systematically studied the third party liability insurance system.In practice,after some traffic accidents have occurred,because the offender has not insured the traffic insurance,or the insurance contract has not yet come into effect,the liability of the traffic accident has been identified.Disputes may arise and divergences may arise,all of which need to be solved urgently.Start with the cases,summarize the controversial issues in practice,study them and put forward some relevant suggestions.This paper is divided into six parts.The first part is the introduction part,which introduces the background of this paper and the purpose and significance of the research on the third party liability insurance compensation;The second part is the basic theoretical analysis of motor vehicle third party liability insurance,including the meaning and classification of motor vehicle third party liability insurance system,that is,the basic theory of traffic insurance and motor vehicle commercial third party liability insurance.And motor vehicle third party liability insurance liability basic characteristic.The third part introduces the meaning and cognizance of the insurer's obligation to explain.The 4th part introduces the related case analysis of the liability insurance obligation of the third party of motor vehicles in China.Through the analysis of some cases,it finds out the focus of the dispute.This paper summarizes the problems existing in the explanation obligation of motor vehicle third party liability insurance in China.This paper begins with three cases concerning the explanationobligation of motor vehicle third party liability insurance.Summing up the dispute focus of the third party liability insurance explanation obligation in our country's practice,including entrusting the signature in the policy holder,whether the insurer has fulfilled the explanation obligation,The obligation to explain the prohibited provisions of laws and regulations as the reason of exemption,and to fulfill the obligation to prompt the disclaimer of unlicensed driving Through the summary of the above cases,we find out the problems existing in the explanation obligation of motor vehicle third party liability insurance in our country,mainly from two aspects,one is the defects of the system,Including the validity of the entrustment signature on the insurer's obligation to explain,and the consequences of breach of the obligation of presentation are not clearly stipulated in the law.Second,there are problems in practice.The definition of the degree of explanation obligation is very vague in practice,and the standard of each court is not uniform,and so on.The 5th part is on the basis of drawing lessons from the relevant provisions of foreign countries to solve the problems that have arisen in our country.It analyzes the relevant provisions of foreign countries on the obligation to explain the third party liability insurance of motor vehicles,mainly the United States.The relevant provisions of Japan and Germany on the obligation to explain the third party liability insurance of motor vehicles are of great significance for reference in our country.On this basis,suggestions are put forward from both legislative and judicial aspects,including entrusting signatures to policy holders.It is to be able to identify the insurer's performance of the obligation to explain the qualitative;clear violation of the obligation of presentation of the consequences,to avoid the emergence of unequal rights and obligations of both sides,to protect the right to know of the policyholder.The law includes the problem of distinguishing the limit of the duty of explanation and the question of the unified standard in practice and so on.