Study On Perfecting The Compulsory Liability Insurance Of Vehicle Traffic Accident

Along with the rapid development of China’s economic and social,the motor vehicle ownership rising,road traffic accident also began to frequent,is bound to be destructive to individuals,families,so that the social consequences,especially in the victims medical expenses and other losses due to inadequate property damages or subjective malicious default cannot be compensated,make traffic accident by individual infringement results rise to social problems,thus further increase social instability.Motor vehicle compulsory liability insurance specifically refers to the insured motor vehicle damage compensation liability as the object,in order to ensure that the third party of traffic accident victims can get timely assistance and compulsory motor vehicle owners to buy commercial insurance.The system can provide assistance for the victims’ loss,and reduce the economic burden of those directly responsible for traffic accidents,so as to realize the socialization of loss sharing,which is conducive to maintaining social harmony and stability and realizing sustainable development.In the current stage,according to the relevant legal subject system and supporting system,China has established a set of compulsory liability insurance system for motor vehicles.But because the overall development level is relatively lags behind,plus the lack of practical experience,the lead to design defects in motor vehicle compulsory liability insurance system in China,with the continuous development of economic society and the increasingly deepening of practice,all sorts of problems gradually exposed,of which the most significant problems of suffer the protection of the third person,in the long term will be deviated from the original intent of the system design and the main line.The lack of the third party’s right of direct claim leads to the failure of the primary legislative goal of the system--"protection of the third party".In this paper based on the protection of victims in the third person perspective,the application of a variety of research methods,in the summary of the related theory,with UBI model to explore the mechanism of the reform of the insurance rates,on the basis of through similar systems in other countries and regions for reference,and the content of the legislative model,explore and improve the system of traffic accident victim of a series of protection and relief channels.This paper is mainly divided into four chapters: the first chapter through the review of classic cases put forward the practical urgency of the reform of the motor vehicle traffic insurance system to make an overview of the theory of the motor vehicle traffic insurance system,specifically has the connotation,nature,legal characteristics of the traffic insurance system;The second chapter mainly analyzes the situation and specific problems of China’s motor vehicle traffic insurance system from the following aspects: the narrow definition of the scope of the third party,the lack of the third party’s right of direct claim,the unreasonable limitation of compensation and the single dispute resolution mechanism.The third chapter analyzes the legislation in relevant fields outside the region,such as the United Kingdom,the United States,Japan,China’s Taiwan,etc.,through comparative analysis,to clarify the main legislative tendency of the protection of the victims of the strong insurance system outside the region,and summarizes the legislative experience of the third party’s direct claim and insurance scope definition.Finally,it is the conception and legislative suggestion to perfect the compulsory liability insurance system of motor vehicle traffic accident in our country.