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The Cognizance and Responsibilities of ’Not Authorized to Drive’

Author: LiuKun
Tutor: WangShuMin
School: Dalian Maritime University
Course: Legal
Keywords: the Motor vehicle ac cident liability compulsory insurance not authorizedto drive cognizance responsibility
CLC: D922.14
Type: Master's thesis
Year: 2012
Downloads: 40
Quote: 0
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Abstract


It’s been six years since the implementation of Motor vehicle accident liability compulsory insurance, it has protected the citizen’s life&wealth, ensured the safety of road traffic played the social management function of insurance. But Motor vehicle traffic compulsory insurance is relatively late in China’s implementation time, Supporting regulations is not yet complete, the controversy of insurer Disclaimer and advanced Terms triggered a lot of the issue of compensation. In the current legal practice, there are debates on the question of:within the responsibility liability of Motor vehicle accident liability compulsory insurance, if the insurer responsibility can be waved when vehicle driver involved in the road accident does not have a valid driving license.In This article, firstly combing the legal system to Motor vehicle accident liability compulsory insurance, description of the current situation and problems, the Author to sum up three main reasons why it’s difficult to identified’not authorized to drive’. First, there is no clear definition of the concept in the laws and regulations of our country. The second, there is no provision in the Motor vehicle accident liability compulsory insurance contact.Third, the differences of cognizance standard in judicial practice. This article also combine different morphological analysis’not authorized to drive’insurance liability differences.In the current Motor vehicle accident liability compulsory insurance contract,’not authorized to drive’is set in the section of’advances and recover’, it’s important to identify ’not authorized to drive’and the responsibility of the insurer. In this paper, though research the road traffic regulations and traffic compulsory insurance system in Germany and Taiwan to explore the difficulty to solve the current field of our country’s Motor vehicle accident liability compulsory insurance disputes and hot issues.In Judicial practice, insurer liability for the case’not authorized to drive’; there are three kinds of different opinions. The first one is the insurer is only responsible limits within advanced rescue expenses, and other expenses the insurer is not liable for damages.The second one is the insurer shall be liable for compensation.Third view is that insurers bear the responsibility to the victim is entitled to recover the responsible person or the insured. This paper analyzes the legal principle in legislative purpose, attributes, the legal principles and other aspects of the insurer liability issues. The author believes that the insurance value orientation is to protect the interests of the victim, the victim has the right to request a claim to the insurer. The situation of Recover is different from the statutory exemptions; Insurers cannot use this defense the victim. So the driver who’not authorized to drive’involved in a traffic accident, after the insurer payout the victims’personal injury and property damage, shall be entitled to recourse against the responsible person.Finally,though identifying’not authorized to drive’, expanding the scope of responsibility of the insurer, building insurer recourse system, this paper put forward concrete proposals to improve the relevant law and regulations.In addition, the author also believes that we need to strength the basic theory research, to solve these problems, improve the relevant law and regulations,so to balance the interest of the insurer, the victim and the insured, in order to realize the aim of aid victim.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Public Security Management Act
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