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On Defects and Improvement of Our National Auto Tpl Compulsory Insurance System

Author: ZhangFeng
Tutor: ChenKangHua
School: East China University of Political Science
Course: Legal
Keywords: Auto TPL Compulsory Insurance Principle of Liability without Fault Advance Liability
CLC: D922.284
Type: Master's thesis
Year: 2011
Downloads: 64
Quote: 0
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Abstract


Along with fast development of our economy, the number of automobiles is increased quickly, and the quantity of automobile traffic accidents is increased accordingly. The compensations for automobile traffic accidents have been gradually concerned by the people due to the nature of the automobile traffic accidents. The automobile traffic accidents occur in a higher frequency and bring serious dangers to the society; however, the property security and the personnel safety of the victims cannot be protected sufficiently in a timely manner due to the reasons of any nature. For ensuring traffic security and promoting social harmony, the insurance system for the automobile traffic accidents is made accordingly.The full name of the Auto TPL Compulsory Insurance is“Automobile Traffic Accident Third Party Liability Compulsory Insurance”, which is the first compulsory insurance coverage provided in our national legislation. In the Regulations on Automobile Traffic Accident Third Party Liability Compulsory Insurance (hereinafter referred to as“Auto TPL Compulsory Insurance”), it is provided that the Auto TPL Compulsory Insurance is a compulsory insurance, according to which an insurer shall indemnify personal injury and death and property damage of a victim (excluding the persons on the automobile and the insured) caused by the road traffic accident of an insured automobile to the extent of its limitation of liability. These Regulations became effective as of Jul. 1, 2006. The China Insurance Regulatory Commission and the Ministry of Public Security made the Interim Measures for Premiums Fluctuation of Automobile Traffic Accident Third Party Liability Compulsory Insurance on Jun. 28, 2007, which became effective as of Jul. 1, 2007. According to these Measures, the connection fluctuation between the Auto TPL Compulsory Insurance premiums and the road traffic accidents is conducted all over the nation since Jul. 1, 2007.This Article is composed of the following four parts: Part I: Overview on Development of Our National Auto TPL Compulsory Insurance System; Part II: Review on History of Our National Auto TPL Compulsory Insurance System; Part III: Discussion on Fundamental Theory of Modern Automobile Insurance; Part IV: Issues and Improvement Suggestion, in this Part, the issues are discussed and the improvement suggestion is given for our national Auto TPL Compulsory Insurance system based on the analysis on the main three legal relationships in the Auto TPL Compulsory Insurance system.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Insurance Law
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