The Research On Legal Application And Dispute Of Legal Exemption Provisions Of Compulsory Liability Insurance Of Motor Vehicles

The compulsory liability insurance for motor Vehicle traffic Accidents(hereinafter referred to as compulsory insurance)is a unique compulsory,public welfare,commercial liability insurance.Since the implementation of compulsory insurance system in China,it has played an active role in the handling of traffic accident disputes,the protection of victims' rights and interests,and the improvement of road traffic safety.However,China's compulsory insurance system started late,the relevant legal regulations are not complete,there are still many disputes in practice,including the compulsory insurance statutory exemption provisions of the legal application of the dispute is more prominent In the early stage of the implementation of the compulsory insurance system,because the above disputes have not been resolved,resulting in trial practice on the compulsory insurance payment disputes on the basis of different decisions,the outcome of the trial is very diflferent.Then the relevant judicial interpretation of the current compulsory insurance legal exemption related to the law text of a unified interpretation.Athough judicial interpretation unifiesjudicial practice to a certain extent,it is obvious that it compulsory the details of insurance exemption and the scope of the insurer's payment in the current legal texts.Judicial interpretation can be used as a unified basis for trial but not as "extrajudicial legislation",at the same time,there seems to be some problems in the re-regulation of the legal application of compulsory insurance statutory exemption clauses in judicial interpretation,so more reasonable changes should be made to the existing legal texts.In the first chapter,the concept of compulsory insurance statutory disclaimer is defined,and the existing relevant legal texts are detailed.At the same time,under the premise of clarifying the nature of compulsory insurance,this paper analyzes the necessity of the existence of compulsory insurance statutory exemption clauses.The author thinks that the establishment of compulsory insurance statutory exemption clause and its complete regulation are the important embodiment of compulsory insurance mandatory,public welfare and commercial,and there is a very high institutional significance.In the second and third chapter,the paper expounds the controversial issues in the application of the legal exemption clauses of compulsory insurance by the method of case analysis.The trial practice has gone through two stages before and after the introduction ofjudicial interpretation to deal with the dispute of compulsory insurance legal exemption payment Because of the vague provisions of legal texts,the trial practice before the introduction of judicial interpretation is more controversial,mainly in the legal level and the level of law interpretation.After the introduction of judicial interpretation,the basis of trial has been unified,but there are still some problemsThe fourth chapter,the extraterritorial compulsory insurance legal exemption related legislative examples are studied for reference.The author thinks that although the emphasis on the protection of victim's rights and interests is the mainstream of the development of compulsory insurance in the world,the regulation of compulsory insurance system should be adapted to the specific social and economic situation,the running state of insurance industry and the situation of road traffic safety.The fifth chapter puts forward some suggestions on the revision of the current legal texts.The author thinks that we should perfect the connection of the current legal text to the compulsory insurance exemption regulation,and make more reasonable provisions on the exemption situation and the scope of payment.The system value of compulsory insurance can be realized more accurately by ensuring the health and safety of the victim while taking into account the balance of interests of all parties in the insurance contract.