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On the direct request of the victim 's rights in the Compulsory Motor Vehicle Liability Insurance

Author: YuXiao
Tutor: LiXiangBin
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: motor vehicle compulsory liability insurance victim right of direct claim
CLC: D922.14
Type: Master's thesis
Year: 2007
Downloads: 232
Quote: 4
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Abstract


The compulsory liability insurance system of motor vehicles is an insurance system set up to protect the interests of the victims of the traffic accidents in the roadway for motor vehicles and widely used by many countries and regions of the world at present. To endow the victims the right of direct claim for insurance indemnity from the insurers within the insurance legal system is proved to be effective and necessary by many countries’ and regions’ legislation and jurisdiction practice as well as to exert the efficacy of protecting the victim’s interests. The legislation have established in China the nationwide compulsory liability insurance system of motor vehicles but failed to endow the victims the right of direct claim, which is indeed the regret of the legislation. For this reason, I attempted to write this paper to propose my viewpoint that a comprehensive system of the right of direct claim for victims should be set up in China under the compulsory liability insurance legal system of motor vehicles based on the borrowed experience of legislation and jurisdiction in those advanced countries and regions. In addition, I also put forward in my paper the main content and advice for legislation of this system.The logics of this paper is that: first, on the analysis of the necessity and feasibility of endowing the victims the right of direct claim under the compulsory liability insurance legal system of motor vehicles, this paper proposes the view that China should establish a comprehensive system of the right of direct claim for victims. Second, through the examination over the cases of legislation in those comparatively advanced countries and regions, this paper illustrates the quality, features and application of the victims’ right of direct claim and demonstrates the concrete content of its system that China is going to establish. Finally, through the comment of the current legislation in China, this paper draws a conclusion that the existing laws in China have not yet endowed the victims the right of direct claim and proposes a suggestion of how to establish a system of the right of direct claim for the victims in ChinaThis paper, with about 43,000 Chinese characters in total, is divided into four parts, in addition to the parts of introduction and conclusion. The first part illustrates the practical necessity, basis of legal principle and theoretical conditions of endowing the victims the right of direct claim and presents the argument that China should establish a comprehensive system of the right of direct claim for victims. The second part analyses the quality and features of the victims’ right of direct claim and answers the question of what the victims’ right of direct claim to be endowed in China is. The third part discusses some related questions of the execution of the victims’ right of direct claim and presents the concrete content of the system of the victims’ right of direct claim that is going to be set up in China. The fourth part remarks the current major laws and regulations concerning the compulsory liability insurance of motor vehicles in China and draws the conclusion that there is no clear prescription of these laws and regulations concerning the victims’ right of direct claim. On the basis of the illustration above, this part proposes that China should set up a comprehensive system of victims’ right of direct claim and how to legislate to construct such system.

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