On The Reasonable Definition Of The Third Party In Motor Vehicle Liability Insurance

In the disputes concerning damage compensation for motor vehicle road traffic accidents,the disputes concerning third parties have never stopped,and there is a growing trend.In judicial practice,it is manifested in different judgments,different judgments,and different judgments.The essence of these phenomena is the disorder and chaos brought about by the expansion of the third party in motor vehicle liability insurance.Paying attention to the protection of third-party rights and interests is already the general trend of liability insurance development.The scope of the third party seems to be clear,and the scope of the third party seems to be clear.In fact,it runs counter to the purpose of insurance establishment,and it cannot solve the disputes that have occurred in practice.It will bring more confusion and lead to the infinite expansion of the scope of the third party,making it impossible for motor vehicle liability insurance to bear its weight.To resolve this contradiction,we must deal with the relationship between expansion and regulation.This article also revolves around this theme.Through the empirical analysis of judicial precedents,the institutional rethinking of legislation and judicature,and the extraterritorial legislative investigations,the first is self-sufficient,and the policy of palliative is proposed,and the application of the third-party transformation rules is unified from the judicial,and the exploration is proposed.The subject standard,time and space standard,causality criterion,and autonomy of meaning of transformation,adopt four-step screening method,the first step is to examine whether there is any obstacle in the legal transformation of the victim,and the second step is to examine the spatial position of the subject when the damage result occurs.The third step is to examine the direct cause of the damage caused by the vehicle.The fourth step is to review whether there is an effective contractual agreement,and then complete the construction of the third party conversion rules.Secondly,look to the future,propose the root cause,and recommend the The scope of the third party is extended to the personnel of the vehicle,the rules for determining the insured are improved,and the scope of application of the third party is expanded from the legislative level.At the same time,it is suggested to formulate a more reasonable rate mechanism for the insurance against the actual problems that may arise from the expansion of the scope.Introduce more flexible types of commercial three-insurance products,and balance the parties from institutional arrangements Yi,co-ordinate the protection of third party rights.