Thinking Of Perfecting Our Country's Insurance Compensation System

Third party liability compulsory insurance is the universal legal system of the world.There is a complete theoretical system in the legal system of the interrelationship,and the insurance compensation system is the core content of the legal system.Compared with general commercial liability insurance,the insurance compensation system has the characteristics of mandatory,third party interest,policy and commercial.Insurance compensation legal system at the present stage in China's legislative situation and the present situation is unsatisfactory,many deficiencies and problems: the loss of property insurance compensation range contains justice,unified national insurance liability limit exists defects and limitation of amount is set too low,disciplines set no science,no fault imputation principle is not appropriate,the right of recourse against and direct right of claim is not clear,and so on.The United States,Germany,Japan and other countries have different contents and characteristics of the insurance compensation system,and there are many references.In order to better realize the purpose of insurance legislation,Suggestions to perfect our insurance compensation system from several aspects: 1.The loss of life or personal injury compensation is restricted to take the place of,medical expenses can be conditional prepaid and break the limitation of subentry first;2.The cross three areas respectively set limit standard,each insurance company on the basis of the standard setting insurance line,improve the limit standards and adjust,insurance premium by the relevant departments on a regular basis in consultation with the floating rate increase adjustment factor;3.The principle of imputation of strict liability shall be applied to the case of force majeure and other exemptions;4.The victim's right of direct claim to the insurance company and the scope of the right of recovery of the insurance company.