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The Legal Definition of the Third Party in Compulsory Motor Vehicle Liability Insurance

Author: ZuoMingJing
Tutor: HuXiaoHong
School: Anhui University
Course: Legal
Keywords: motor vehicle compulsory liability insurance the third party The victim definition
CLC: D922.284
Type: Master's thesis
Year: 2014
Downloads: 1
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Abstract

In recent years, with the continuous improvement of national income, residents of car ownership trend in year by year. At the same time, the road traffic safety accident rate has been in a state of blowout, to the whole society caused great personal and property damage. To effectively alleviate the offender heavy economic pressure, it is more reasonable to protect the basic rights of the victim, In our country on the basis of using the experience of foreign and regional announced in2006Published and implemented the Motor vehicle traffic accident liability compulsory insurance regulations. Since eight years of implementation, and achieved certain social and economic benefits, But some of the provisions of the disadvantages are also growing in practice, Of the third party within the range of standard problem of the legal definition of social disputes, litigation arising from the norm. At the same time due to a lack of standardization, clarity of judgement standard of the similar cases around the court has caused the judgment. How to reasonably define the scope of the law in a third party, a clear standards, in the current situation will have important theoretical and practical significance.This paper first discusses the general theories of motor vehicle compulsory insurance of liability of a third party analysis. From the compulsory liability insurance of motor vehicles definition and historical development, Systematically expounds the legal concept and legal status of a third party, Strengthen the comprehensive research of basic theory of the third party system, lay theoretical basis for the definition of scope of third party.Secondly on the overseas and our country Taiwan area legislation present situation to make a brief introduction to insurance scope of a third party. Respectively expounds the United States, Britain, Japan and our country Taiwan area related laws are motor vehicle insurance scope of third party legislative definition and theoretical achievements, Indicates that the world many countries on the definition of scope of third party present actively expanding trend, pay attention to the reasonable protection for the interests of the victimized third party.And then discusses the actual state of legislation in the scope of insurance of a third party. Emphasis on the Motor vehicle traffic accident liability compulsory insurance regulations of a third party the analysis of the range, And combined with other relevant legal provisions to clarify our country insurance on third party scoping actual situation and deficiency, Show that our country insurance third party scope too narrow, and there is no specific, clear legal standards.Finally, systematically discusses the legislative Suggestions of perfecting our country’s insurance scope of a third party. Based on real life real typical cases on the basis of empirical analysis, Definition of scope of third party issues put forward specific legislative and judicial Suggestions. Propose legislation to expand on the third party legal denotation, And introduced the corresponding judicial interpretation as soon as possible, Specify the legal definition of scope of the third party, Explicit conversion conditions, refine decision criteria, For a reasonable expansion of scope of third party to provide effective legal basis.

The Legal Definition of the Third Party in Compulsory Motor Vehicle Liability Insurance

Abstract

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