On The Determination Of The Third People In The Traffic Compulsory Insurance

Compulsory liability insurance of vehicle traffic accident is abbreviated as Compulsory insurance of Vehicle Traffic.As an insurance system for the third victim of traffic accident,it has provided relief for countless accident victims since its establishment.It plays an irreplaceable role in alleviating the economic burden of the involved party and the victim and the social harmony and stability.However,with the development of society,all kinds of situations in traffic accidents are becoming more and more complicated,and the quality of compensation for the victims of accidents is also improving.Because of the narrow scope and fuzzy standard of the rules about the scope of the third party in our country,many cases of “same case and different judgment” have happened in the course of the court’s trial of this kind of cases.As a result,a large number of accident victims are unable to obtain the protection from traffic risks.The author hopes to provide some enlightenments and ideas for solving this problem through this article,which is divided into four parts:The first part analyzes the concept and legal status of the Compulsory insurance of Vehicle Traffic,and analyzes the cross-insurance and its third party,providing a theoretical basis for the discussion of the scope of the third party.The second part is to start from the legislative and judicial aspects,to summarize the disputes and problems in the definition of the third party in Chinese Compulsory insurance of Vehicle Traffic,and to analyze the specific cases in the family members of the car,the policy-holder,the insured and the legal driver.Whether can they be included in the third party.This leads to the narrow scope of the third party in China’s current regulation and the rigidity of the definition rules,which provides a realistic basis for the third party’s rule refinement and scope expansion.The third part is the comparative analysis of the scope of the third party of the Compulsory insurance of Vehicle Traffic.Through the comparative analysis of the relevant legislative experience of the countries such as the United States,Germany and Japan,and the Taiwan region,it provides a reference for the improvement of the third-party scope of Chinese Compulsory insurance of Vehicle Traffic system.The fourth part is to make suggestions for the improvement of the definition rules of the third party in the Compulsory insurance of Vehicle Traffic.On the basis of the comparative study of extraterritorial legislation,combined with China’s national conditions,clarify the standard of conversion of personnel on the vehicle,standardize the limit of the insurer’s scope for the third party,and unify the standards of the referee at the judicial level;at the same time,reduce the excluded range of the third party by introducing the concept of the actual driver.Break through the definition of “policy-holder” status in the definition of rules,and reconstruct the third party’s definition rules,and expand the scope of the third party as a whole to promote the development of Chinese Compulsory insurance of Vehicle Traffic system in the definition of third parties.