An Empirical Study On The Transformation To Third Party Of Compulsory Motor Vehicle Liability Insurance

In traffic accident disputes,the number of cases involving the transformation of the identity of a third party has increased year by year,but the laws,regulations and judicial interpretations are not fully regulated,and the judgment standards and opinions in judicial practice are not uniform.In order to better promote the compulsory traffic insurance system to allow and protect the rights and interests of victims,it is necessary to conduct systematic research on the problem of third-party conversion.Through the China Judgment Documents Network,the third-party conversion cases of compulsory traffic insurance were sorted and screened,and it was found that "whether the driver outside the car can be converted into a third party" and "whether the passenger can be converted into a third party" are extremely controversial,which are applicable to the law.caused trouble.In order to unify the judicial judgment of the third-party conversion of compulsory traffic insurance,first,In terms of value selection,adhere to the basic position of protecting the interests of unspecified third parties outside the car,moderately relax the restrictions on the personnel on the car,and protect the interests of drivers in compulsory traffic insurance under extremely special circumstances.Second,in the time-space definition of the third-party identity,whether the victim’s center of gravity is outside the vehicle when the result of the traffic accident occurs should be used as the third-party identity judgment node.Third,if the driver is injured by a traffic accident,the driver should not be allowed to transform into a third party if he is always in the car;if the driver is outside the car,moral hazard and abuse of rights need to be prevented,and it is required to have the result of a traffic accident at the same time.When the driver’s body center of gravity is outside the vehicle,passive loss of control and control over the vehicle,secondary contact with the vehicle,and the presence of an intervening factor at the fault of a third party,can the driver be converted into a third party in the vehicle.Fourth,the appellation of the participants in the traffic accident should be unified,and it should be clarified that the passenger can be converted into a third party after the behavior of actively leaving the car body is completed,and the passenger leaves the car body passively due to a traffic accident and has a second contact with the vehicle.Fifth,clarify the principles of distinction and applicable conditions between the third-party conversion mechanism of compulsory traffic insurance and commercial three-liability insurance,and the validity of the exemption clauses excluded from the scope of thirdparty insurance in commercial three-liability insurance must be reviewed.