Research On Exemption Clauses Of Commercial Third Party Liability Insurance Of Motor Vehicles

Nowadays,the rapid economic growth in China drives the acceleration of the urbanization process,and the living standard of the people is also improved.The number of motor vehicles purchased by families presents an exponential growth,resulting in the annual increase in the number of cars.This brings about the increase of motor vehicle traffic accidents and the active development of motor vehicle insurance industry.At present,the motor vehicle third party liability insurance in China can be divided into compulsory motor vehicle traffic accident liability insurance(hereinafter referred to as "compulsory traffic accident insurance")and motor vehicle commercial third party liability insurance(hereinafter referred to as "commercial third party insurance")according to its business purposes.The liability insurance of motor vehicle third party is to point to the liability insurance that gives compensation within the limitation of liability insurance after the person casualty of the third party that causes property loss because of the road traffic accident to be insured motor vehicle by insurance company.Traffic strong insurance is our country passes the motor vehicle insurance that the law sets compulsive requirement to buy a car person to insure,every motor vehicle all is compulsive requirement to insure traffic strong insurance namely,insurance premium executes countrywide unified charge standard,what this reflects is the government passes legal method to the reasonable allocation of contract risk and social responsibility.And commercial 3 person are afraid to have stronger profit character,policy-holder can choose freely cast cast cast or not as well as the liability limit that cast cast,the freedom that protected party chooses.If there is a traffic accident,the insured can get a higher amount of commercial insurance compensation in addition to the limited amount of compulsory insurance compensation to compensate for the loss of the victim's life and property,so as to share the potential compensation risk of the insured and reduce its actual loss.However,the motor vehicle commercial insurance volume of the three continuously increased also brought more and more claims disputes.In recent years,one of the controversial issues in the field of motor vehicle traffic accident liability dispute in judicial practice is the application of the exemption clause in the commercial insurance.From the perspective of the insurer,the no-liability deductible clauses set in the three commercial insurance reduce the probability of insurance compensation and can protect their own economic rights and interests.From the insurant's point of view,the insurance company without effective prompt and clear statement of the commercial three insurance exemption clauses no doubt violated its rights and interests,its hope through the purchase of insurance to reduce the possibility of future property losses by the bottom line was broken.For third party victims,insurance companies set without accountability franchise clause under certain conditions to transfer liability to pay compensation to a direct infringer driver side,but in practice is often because the driver couldn't be reached after the incident,or due to a full compensation to the personal economic will increase the difficulty of the timely access to the victim compensation,is not conducive to protect the interests of the victim.Level analysis,from the current legislation in our country for the business risks of the exemption clause in the contract,the aspects of demonstrative obligation clear and standard are relatively general,for the specific controversial clause also no clear detailed provisions,resulting in the judicial practice for the business of the three risk disclaimer have different decision criteria,it's easy to have a different connection with the given situation,this can affect the court adjudication credibility,also restricts the development of motor vehicle insurance.As a result,the validity of motor vehicle insurance business three disclaimer determination and the applicable standard the processing results of motor vehicle traffic accident liability disputes has very big effect,also is the key to a dispute between the parties,if no more unified standard,will inevitably bring more disputes and contradictions.It is an urgent problem for the theoretical and practical circles to find out a feasible and fair standard for the determination and application of the exemption clause.This paper mainly studies the exemption clauses in the three types of motor vehicle commercial insurance:The first part starts from the theory Angle,carries on the theoretical analysis to the automobile commerce three insurance exemption clause.This paper analyzes the definition and theoretical basis of the exemption clause,and discusses the specific classification of the exemption clause and its legitimacy.The second part is to analyze the legal regulation of the exemption clauses of motor vehicle commerce.Firstly,the author makes a comprehensive analysis of the legislative status and industry regulations of the exemption clauses of the three kinds of motor vehicle commercial insurance in China.Reanalysis of the validity of the exemption clause in the insurance contract;Finally,the author analyzes and compares the system structure of motor vehicle insurance in various countries and the identification rules of disclaimer clauses,so as to provide ideas and directions for the improvement of the validity identification rules of disclaimer clauses of motor vehicle commercial insurance in China.The third part is the empirical examination of the validity determination of the three kinds of automobile commercial insurance exemption clause in judicial practice.By 2019,the Shanghai pudong new area people's court of the decisions of the motor vehicle traffic accident liability disputes as the research database,the data in the big screen in the motor vehicle three risks dispute some of the largest and the most common disclaimer and combined with the concrete judgment of the court to motor vehicle insurance business three disclaimer paper summarizes effective recognition rules and referees effect,respectively from the perspective of theory and practice,the court judge the rationality of the analysis.The fourth part puts forward some Suggestions on the validity determination rules and applicable standards of the exemption clauses of the three kinds of automobile commercial insurance in China.First proposed motor vehicle insurance business three exceptions decided the necessity of perfecting rules,and then to motor vehicle insurance business three different standard disclaimer reasons were analyzed,and finally decided to our country motor vehicle insurance business three disclaimer rules put forward concrete improvement Suggestions,in order to solve the disclaimer of motor vehicle insurance business three different standards of problems in practice,better safeguard judicial authority and impartiality.