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The Research into the Law Question about Motor Vehicle Third Party Liability Insurance

Author: XingJuJun
Tutor: ZhangXuJuan
School: Shanxi University of Finance
Course: Economic Law
Keywords: Motor VehicleThirdParty Liability Insurance Compulsory Insurance The Right of Third Party’s Petition The Social Deliverance Funds
CLC: D922.14
Type: Master's thesis
Year: 2006
Downloads: 106
Quote: 1
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Abstract

Accompanied with the development of the economy, the number of motor vehicles is increasing, and the third party liability insurance also plays an important role in social management. The Law of Traffic Safety provided that the third party liability insurance is the compulsory insurance. The compulsory motor vehicle third-party liability insurance regulations are still on the schedules of State Council Legislative Affairs Office. There exist numerous legislative works, and there have emerged a number of disputing cases of third party insurance in practice. Therefore, the motor vehicle third-party liability insurance law has increasingly become a matter of hot discussion, and has caused widespread concern in the substantive law theorists and legal profession. By approach adopted from abroad, this paper discusses and analyses the problems existed in the law of motor vehicle third party liability insurance, and provide some suggestions. The purpose of this paper is ready to provide some constructive suggestions for the development of the motor vehicle third party liability insurance.The full text is divided into three parts:PartⅠThis paper consists of three sections. The first section mainly talks about the theoretical basis of motor vehicle third party liability insurance. This section describes the quality, characteristics of the law, and the values embodied in the basic theory, and discuss the deficiency in the motor vehicle third party liability insurance. Motor vehicle third party liability insurance increasingly reflect their interests in the pursuit of justice, enhance social benefits, and safeguard economic order value in dealing with traffic accidents and the protection of victims.PartⅡThe following section describes the existing problems in the motor vehicle third party liability insurance. The current problems are primarily as follows: First, there are some conflicts between the "Road Safety Law" and the "Insurance Law". Second, in the presenting law which is related to motor vehicle third party liability insurance exists problems, which contains the conflicts between the nature and responsibilities of the insurance companies, the problems in the coverage of the third-party liability insurance, the problem gives third party the right to request the issue, and the limitations in the introduction of the principle of fault liability. These aspects are the focus of the motor vehicle third party liability insurance.PartⅢThe third section provides some constructive suggestions to improve the motor vehicle third party liability insurance legislation. To implement the third-party liability insurance mandatory, this part acclaims that we should improve legal effect, legislation and law enforcement that based on our own realities. According to the experience from foreign advanced theories, we should improve system adjustments to achieve floating rate mechanism, establish the third party (the victim) the minimum compensation system, and expand the coverage of the compulsory motor vehicle third party liability insurance, establish the no-fault liability system, offer a third party (the victim) social relief system.

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