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On Perfecting the Legislation of Compulsory Automobile Liability Insurance

Author: ChengMin
Tutor: CaiChang
School: Hunan University
Course: Legal
Keywords: Compulsory automobile liability Insurance Conflict of laws Defects of law Supplementary rules Perfecting legislation
CLC: D922.14
Type: Master's thesis
Year: 2009
Downloads: 17
Quote: 0
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Abstract


Since 2006 the compulsory automobile liability insurance carried out in our country, it has a great significance to ensure that victims receive compensation in time, to control the loss which is caused by traffic accidents, and to eliminate the negative impact for the community. However, due to the lower level of legislation, and the laws and regulations are lack of coordination in the current law system, there are a lot of controversy in its operations. In addition, it is not clear on the liability principle of injury compensation, the attribution of compensation, and the nature of the insurance company’s liability. As well as the absence of matching rules such as the approval rules of the insurance premium, the underwriting guarantee system, the management of insurance companies’ operational behavior and compensating and the implementation of relief fund etc. Therefore, it failed to produce the desired effects. For these reasons, this paper does some research on United States, Britain, Germany, France, Japan and Taiwan region and compares with successful practices of these countries. The author hopes we can get some useful experiences to establish our legal system of the compulsory automobile liability insurance. There are some recommendations to improve the legal system of compulsory automobile liability insurance in China.Firstly, the level of legislation should be raised, and the legal provisions should be detailed. We can solve the conflict of the current legal system when we implement these two aspects. Secondly, the legal provisions should be defined, especially on the nature of the insurance company’s responsibilities, the liability principle of injury compensation, the attribution of compensation which no person take delivery. We should reduce disputes in the implementation. Thirdly, to formulate the approval rules of premium, to establish the underwriting guarantee system, to perfect the management of insurance companies’ operational behavior and to strengthen the matching rules such as the acquirement and management system of the relief fund. We should protect the supervising behaviors of the supervisory board of compulsory automobile liability insurance, and ensure the compulsory automobile liability insurance can be implemented successfully in our country.

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