Study On The Transformation Of Vehicle Crew And The Third Party Of Compulsory Automobile Liability Insurance In Traffic Accident

There are a lot of cases of vehicle crew injured in the traffic accident,in China,the vehicle crew are excluded from the third party of compulsory automobile liability insurance,resulting in the confusion of the identity of the victims.The identification of the victim’s identity is related to the compensation they can get.If the victim is identified as a vehicle crew,he will get the compensation from the passenger liability insurance.If it is identified as the third party,he can be paid by the compulsory automobile liability insurance.For the huge difference between the amount of the compensation,there is a big controversy in the practice of the identity of the victim.Due to the lack of specific provisions of the law,different courts adopt different criterion for judging,even the sentence is different in the same situation.This is not only harmful to solve disputes between the parties concerned,safeguard the interests of the parties,but also damage the authority of the judiciary.Therefore,it is necessary to study this problem for providing useful references for practice.In addition to the introduction and conclusion,this paper is divided into four parts:The first part is the concept introduction.It introduces the concept of the third party and the basis of setting the scope of the third party.By analyzing the passenger liability insurance,it summarizes the characteristics of the vehicle crew and defines the scope of it.The second part introduces the debate about whether the vehicle crew can be transformed into the third party.In practice,there are three main theories about the issue:affirmation,negation and collision transformation.On the basis of a brief analysis of the advantages and disadvantages of these theories,the author puts forward his opinion and explains the reasons for supporting it.The third part are several typical cases of traffic accident in which the vehicle crew may transfer into the third party.By discussing the typical cases,the differences in identification of victims between the courts are summarized and the focus of the dispute is analyzed.The author finds that during the trial,where the victim is when the accident occurred and whether the victim is crashed under the car are used as the main criterion for identifying the identity ofthe victim by the courts.This kind of trial mentality provides a reference for the author to discuss the issues for the transformation of vehicle crew and the third party.The fourth part,based on the analysis of the typical cases in the third part,summarizing the issues of transforming the vehicle crew into the third party.It includes:the restriction of the subject,the time and space standards of transforming,and the principle of proximate cause.These issues may not be mature enough yet to be discussed,but hope to provide a way to solve the problem.