Research On The Problem Of Motor Vehicle "High Insurance And Low Compensation" In Judicial Practice

Motor vehicle "old car with insurance",in the event of an accident after the insurer"high insurance low compensation" phenomenon has occurred,and the formation of industry practices,resulting in the lack of integrity of the insurance contract,was unfair,the courts around the case of referee Rules are different,some of them are the same attitude with the insurer.Based on the principle of honesty and credit of civil law,the principle of equality of rights and obligations,the principle of fairness,this paper elaborates on the concept of "high insurance and low compensation" and the rules of referee,and tries to provide the "high insurance and low compensation" disputes in real life Corresponding judicial guidelines.The full text is divided into four parts:The first part is the overview of motor vehicle insurance,the function of motor vehicle insurance and the connotation,attribute and classification of the motor vehicle insurance contract.The second part deals with the legislative and judicial status of the cases of "high insurance and low compensation" for motor vehicles.By enumerating the judicial cases in different regions of the country,this paper expounds the judicial idea and attitude of the courts in different regions in the case of "high insurance and low compensation" for motor vehicles.The third part is the unjustifiable analysis of motor vehicle insurance "high insurance and low compensation".From the three aspects of freedom of contract,fairness and honesty and credit,we discuss the unjustifiable nature of "high insurance and low compensation" for motor vehicle insurance.The fourth part is the judicial practice of motor vehicle "high insurance and low compensation" cases of the concept and application of the law,expounds in judicial practice,as a referee to hear the motor vehicle "high insurance and low compensation" cases should be held by the referee concept and related laws applicable.