The Direct Claim Of The Victim In The Motor Vehicle Liability Compulsory Insurance Study

The motor vehicle liability compulsory insurance contract is the most current insurance contract that protects the rights and interests of the victim,and its production and development has the effect of distracting the risk of the insured.In addition to the risk transfer of money loss,the more important is the liability compulsory insurance On the insured,the insurer,the insured and other insurance contract parties to calm the role of stability.Second,the liability insurance system to solve the demand to bear the economic responsibility of the problem,so that the liability can be truly implemented,the victims really get relief.Although this system has made great contributions to the construction of China's traffic accident compensation legal system,there is still a huge drawback that the victim's direct claim is not established in the insurance system and has to be said to be a big regret.In order to exert responsibility for the role of compulsory insurance in the relief of the legitimate rights and interests of the victims,the developed countries of the automobile industry have imposed compulsory insurance for motor vehicle liability and established the direct claim of the victim.The judicial practice of each country shows that the claim can be maximized The protection of the victim.However,the development history and practice of compulsory liability insurance in China have a large gap with the mature compulsory liability insurance system of foreign countries and the lack of clear stipulation of the direct claim of the victim can adapt to the actual situation of China and the more important Whether it can meet the people's actual litigation request,take time to verify.Based on the legal system of our country at present,this paper studies the hot issues that exist,compares the experience of foreign advanced system and legislation,and combines our actual situation to contribute to the improvement of the problemThis article in insurance law,tort liability law,road traffic safety law,contract law and other legal basis,in combination with foreign mature theory and experience,the victim of compulsory motor vehicle liability insurance law direct right of claim for research,this article except introduction and conclusion altogether five chapters,the first chapter briefly introduces the basic theory of the compulsory motor vehicle liability insurance,including the meaning and characteristics,and simply introduces the theory of the theoretical basis and three groups of the right of claim for victim directly.First embodied in the contract relativity of breakthrough and separation principle of correction,the latest development of the two theories to provide theoretical foundation for our country to establish the victim directly,the second is for a brief introduction of theory of three groups.In the second chapter,from the perspective of comparative law,the direct claim system of the victims of the main representative countries in the world is analyzed.Chapter 3 covers the definition,scope and legal status of the victim.Chapter 4 focuses on the series of categories of direct claims of victims.The fifth chapter is mainly to thinking of the system,including direct right of claim,given science defines the scope of the victim,and avoid duplicate payment,"idle at the request of" perfect and determine,finally introduced the unity of the victims of the statute of limitations for directly.