Liability Insurance Third Party Direct Claim Right Research

As a kind of property insurance,liability insurance not only can spread the risk that the insured is damaged by the performance of damages,but also has the special function of “protecting the third party and the public interest”.Giving the third party's direct claim to the liability insurance is the most direct means to protect the interests of the disadvantaged third party.It is of great significance to solve the problem that the insured is not required to pay for the insured and the victim is difficult to pay.China's protection of third parties to liability insurance takes the form of giving them direct claims.Among them,Article 65 of the Insurance Law provides general provisions for the direct claim of third parties,and the judicial interpretation of the Insurance Law(4)explains some problems existing in the process of applying Article 65 of the Insurance Law.Civil Aviation Law "Special law" stipulates the direct right of third party compulsory liability insurance in special fields.Although the Road Traffic Safety Law does not explicitly stipulate that third parties have direct claims,it stipulates that the insurer is obliged to be within the insurance limit.Compensation for the loss of third parties.Although the system of direct claims of third-party liability insurance in China has been established,due to the lack of practical experience and theoretical foundation,there are still some obstacles to exercise.The third party's direct claim is not only too strict,but also In the Contract Law,the subrogation rights and the insurers' direct payment obligations in the Insurance Law conflict with the relevant provisions.In addition,there are still issues such as the fact that the scope of the third party is not clear enough,and there is no distinction between compulsory liability insurance and arbitrary liability insurance.This paper focuses on the protection of the interests of third parties.Through the analysis of the basic theory of liability insurance and the direct right of third parties,this paper clarifies the legislative status of the third party's direct claim right,and analyzes the current legal provisions in China's third liability insurance.In the process of exercising direct claims,the actual obstacles may be caused by conflicts of law application,too strict application conditions,and insufficient scope of third parties.Finally,by drawing on other international and regional and relevant scholars' views,The direct claim of the third party is proposed in the direct request right,the relevant legal provisions such as the Contract Law,the improvement of the conditions for the exercise of the third party's direct claim,the clarification of the scope of the third party,and the differentiation of different types of liability insurance.Improve the recommendations.