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Compulsory Insurance of Liability of Motor Vehicle a Third Party Except Liability Research

Author: WangDingDing
Tutor: ZhengChunYu;SaRen
School: Inner Mongolia University
Course: Legal
Keywords: Motor vehicle Compulsory insurance Exclusions
CLC: D922.284
Type: Master's thesis
Year: 2011
Downloads: 102
Quote: 0
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Abstract


With the economic level, the number of motor vehicles in China is growing rapidly, while the number of traffic accidents has also increased. In order to strengthen the protection of the victims of traffic accidents, May 1, 2004 \sixteen were particularly noticeable. July 1, 2006 implementation of the \Commercial motor vehicle liability insurance on the basis of public policy attribute mandatory liability insurance, not-for-profit, but by the government to force the owner to buy, the aim is to have sufficient funds to rescue the third party after the dangerous condition of the vehicle, thus has a strong public good nature. In the field of liability insurance, it can be considered a relatively \of the academic interpretation and judicial application of many differences. Imported from elaborated the specific case of the compulsory third party liability insurance, and then briefly the basic theory of compulsory third party liability insurance system, and a variety of laws and regulations and other literature comparative review, analysis of the U.S. , Germany, Japan and Taiwan of China compulsory third party liability insurance, development, demonstration of the importance and necessity for China to establish a system of compulsory third party liability insurance exclusion definitions, for motor vehicle third by the Compulsory Liability Insurance System and the development of its own proposals and understanding. The first part through the introduction of a typical case analysis of the trial court gist and a critical analysis of proposed focus enumerate all aspects of our different perceptions of exclusion and different definitions, exclusions legal regression analysis. The second part of the compulsory third party liability insurance exclusion provides an overview of the concepts and classification of, and the composition and nature of the legal description. In addition, through the relevant provisions of China's motor vehicle third party liability compulsory insurance exclusions, indicating the characteristics of China's compulsory third party liability insurance, to pay high insurance the relevant provisions of the Ordinance and controversial hot enumeration. The third part analyzes the various countries and regions of the world with the relevant provisions on compulsory third party liability insurance exclusions, and comparative analysis of the legal provisions, while China's motor vehicle third party liability compulsory insurance system think and learn from them. The fourth part describes the application of compulsory third party liability insurance exclusions, as well as the value of options under the various laws and regulations conflict situations and make their own recommendations and compulsory third party liability insurance in practice ideas, and make Reflections of compulsory third party liability insurance system, including: the establishment of an effective mechanism to prevent insurance fraud. thinking through these areas, I hope China's compulsory third party liability insurance system can be better perfection and development. Part V Conclusion mainly clear purpose of this paper is how to better compulsory third party liability insurance system to compensate for vulnerable groups and to promote the development of our legal system, the modernization of the Chinese legal system to be more good progress, building a harmonious socialist legal system, the legal system of China's modernization process to get better and more healthy development.

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