Research On The Direct Payment Claim Right Of The Third Party In Compulsory Traffic Insurance

The directly claiming rights of the compulsory traffic accident liability insurance to the third victim is that the victims in traffic accident,as the identity of the third body outside the insurance contract,have the right to request compensation insurance premiums in the accident from insurers.This right originate from the provisions of traffic compulsory insurance laws and regulations.The directly claiming rights of compulsory traffic accident liability insurance is an significant rights in the compulsory traffic accident liability insurance system.Awarding the directly claiming right to the victims,would fulfill the legislative purpose.Although our "Motor Vehicle Accidents compulsory liability insurance regulations" and "Insurance Law"have established the system of the direct claims right,but the provisions are too simple and too crude.The defects of legislation results in the confusion of the legal application across the judicial practice,and bring about the different verdicts in the same cases,which seriously damages the judicial authority,and decrease the judical just.Therefore,there are most important realistic and theoretic significance on the study of the direct claim right of compulsory traffic accident liability insurance.This paper incorporate the legislation and judicial practice,the rights as the core,desperately analyses the subject of rights,the identity of the rights and the performance of the rights etc.Finally,propose the recommendations to improve the issues of the directly claiming right of compulsory traffic accident liability insurance institution.This paper desperately analyses in five chapters.The first chapter introduce the overview of the direct claim right of compulsory traffic accident liability insurance.First expound the concept and nature of directly claiming right of compulsory traffic accident liability insurance,it's a legal right.And then,expound the significant meaning of awarding the direct claim right to the third victim.The second chapter analyses the identity of the right.According to analysis of the legal status and range of the third victim,the most issue of the identity of the right is that there are obscure of the range of the third victim.In the current judicial practices,our countries compulsory traffic accident liability insurance only protect the people inside the vehicle,but do not include outside the vehicle.To achieve the legislative projective of the insurance law,the identity of the right should include all kind of victims,except the person who should be responsible for the accident.That means,the identity of right include the victim of people whatever are in or not in the vehicle,not only to protect the direct victims,but also to protect indirect victims.The third chapter is the performance of the right.The obligee of the directly claiming right include the insurance companies that cover the compulsory traffic accident liability insurance,the insured obligors that have not buying the insure.The contents of the right include the right of payment request and the right of payment acceptation.The direct claim right should be restricted the total amount and breakdown limit,and the obligee have the right to defense.The fourth chapter is about the questions lie on the direct claim right of compulsory traffic accident liability insurance.There are questions in our countries' legislative and judicial practice include that:the identity of right are obscure;the range of compensation are not explicit;and lack of the advanced accident compensation system.The fifth chapter is about the recommendations of improvement to the directly claiming right of compulsory traffic accident liability insurance.Accordingly,to improve our country's directly claiming right of compulsory traffic accident liability insurance system.firstly,the legislation should clearly stipulate the directly claiming right of compulsory traffic accident liability insurance directly;Secondly,enlarge the range of the identity of right;thirdly,rationally stipulate the range of the compensation and the restriction;lastly,establish the advanced accident compensation system.