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Study On The Scope Of The Third Party Of Compulsory Motor Vehicle Liability Insurance

Posted on:2018-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:J Y WangFull Text:PDF
GTID:2346330542966164Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
While the motor vehicle as a major means of transport at the same time,the growing road safety accidents make drivers and pedestrians at risk,while increasing social contradictions.With a series of laws and regulations issued and implemented in succession,to deal with road traffic accidents occurred in the infringement of personal injury disputes finally have a reference to the law.However,due to the short period of implementation of the compulsory liability insurance system in China and the compromise of the interests of legislation,some relevant practical problems encountered in the judicial practice still lack the corresponding legal basis.Unfortunately,the scope of third parties is not clear and imperfect.In view of this,the author’s thesis title provides a perfect use for compulsory insurance.The author uses some methods of thinking,analysis,analysis and empirical analysis,such as the purpose of interpretation,to elaborate some thinking and inspiration about the scope of the third party in the law practice.This paper consists of six parts:The first part discusses the concept of liability insurance for compulsory liability insurance of automobile compulsory insurance and expounds the meaning and legal status of the third party of liability insurance.The purpose is to provide theoretical basis for the third party motor vehicle compulsory liability insurance.at the present stage,the law directly related to the victim is only the compulsory liability insurance of motor vehicles,and is the only safeguard to protect the legitimate rights and interests of the victims,and then elaborate in the cross-strong insurance in the third person defined,that is,as a road traffic accident inaddition to the car and the insured person’s victims can become crossThree,by the protection of strong insurance.In the second part,the judicial practice of motor vehicle compulsory liability insurance third party controversy.At this stage,the compulsory insurance is almost the only system that can provide relief for the victims in China.Therefore,it focuses on the controversy arising from the scope of the third party in the compulsory insurance,combined with the actual case to illustrate the "traffic insurance" in the motor vehicle drivers,car personnel,The insured person and the insured person’s family become the possibility of a third person,a reasonable expansion of the scope of the third person,put forward the basis of reality.The third part is the gap between China and one third of other countries.In this regard,I mainly introduced the provisions of the third parties in the United States,Japan and the region.The fourth part is the author’s opinions and suggestions in forensic practice,aiming to improve the meaning of the "third party" in the compulsory liability insurance of motor vehicles.according to China’s situation,theory and practice,proposed to improve the third party system,from legislation to the third human rights rights.The fifth part is based on the background of "Internet +" and shared traffic,and puts forward the new challenges and new ideas of the third party definition of automobile compulsory liability insurance.
Keywords/Search Tags:compulsory motor vehicle liability insurance, victims of moter vehicle, range of third party
PDF Full Text Request
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