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Research On The Legal Application Of Compulsory Insurance

Posted on:2019-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:J J WangFull Text:PDF
GTID:2416330572462163Subject:Law
Abstract/Summary:PDF Full Text Request
With the implementation of the compulsory traffic Insurance,the compulsory traffic Insurance has played a decisive role in solving the problem of compensation disputes caused by motor vehicle traffic accidents,but the actual understanding and application of the system is also constantly controversial.It also exposed a lot of problems in practice.Therefore,I hope to learn from the extraterritorial advanced laws to establish a system of the compulsory traffic Insurance which meets the national conditions.This article starts with the case,leads to the problems in the application of the legal system of the traffic accident insurance,and analyzes the legal system of the compulsory traffic insurance in various countries and regions.And then combining with the national conditions of our country,the author puts forward the suggestions to improve the system of the compulsory traffic Insurance in China.Specifically,the first is to definitely know the insurance should follow the basic principle of liability insurance,when the insured in the insurance accident should bear the responsibility of the insurance company to pay.Liability insurance company compensation liability is an alternative liability for the insured,and the vicarious liability should be insured by the insured,the motor vehicle insured person or driver to bear the liability of the victim for the premise.The basis of liability insurance liability is 'road traffic accident responsibility'.Only set up" road traffic accident responsibility”,there will be the insurance liability of the existence of insurance.The second is to adjust the limits of the compulsory insurance,including adjustment of the limits of liability,combined medical expenses and death and disability compensation,and the abolition of property limits,and the abolition of the liability limit.The third part is to emphasize that the third person should be given limited direct claim right,when the third person is given direct claim right,the interests of the insurance company cannot be ignored,the insurance company company should enjoy the insurer's defense of the insured and the insured against the victim at the same time.The last part is to discuss the expansion of the scope of the third party of compulsory insurance,detailed discussion of compulsory insurance should not be the car personnel,the insured excluded from the scope of protection.
Keywords/Search Tags:The compulsory traffic insurance, Liability insurance Limit of liability, The third person, The limitation of liability of insurance, Direct claim
PDF Full Text Request
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