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The Discussion on Article 22 in Regulation of Compulsory Insurance in Traffic Accident by Mobiles

Author: ChenYingHua
Tutor: LinGang
School: Southwest University of Political Science
Course: Legal
Keywords: To pay high insurance Liability Personal injury or death Property damage
CLC: D922.14
Type: Master's thesis
Year: 2010
Downloads: 167
Quote: 3
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Abstract


May 1, 2004, the People's Republic of China on Road Traffic Safety Law was promulgated and implemented the compulsory traffic accident liability insurance regulations promulgated and implemented in July 2006, June 2006, under the authorization of the State Council, the China Insurance Regulatory Commission has developed a \Judicial practice, the four cases listed in Article 22 for the compulsory traffic accident liability insurance regulations: driving without a license, drunken driving, the insured motor vehicle theft and robbery during the accident, the insured deliberately creating traffic accidents whether the insurance company to pay high insurance statutory exemptions, theory and judicial practice in dispute are different. This paper cited the case in the judicial practice, come out of the focus of controversy in the judicial practice, insurance companies in addition to advanced rescue costs does not assume liability for personal injury or death, and insurance companies for personal injury or death should be to pay high insurance limits are compensation. First in point of view, on the basis that \EMU compulsory traffic accident liability insurance regulations \the strong narrow social function; while the main basis of the second view is that \the concept of Article 76 of the Law \and purpose, four special cases of traffic accidents, insurance companies should also be in accordance with the law of compensation for victims of personal injury or death, so as to reflect the strong narrow aims to provide basic protection for victims, and give full play to pay high insurance social function. The focus of controversy in the practice, from strong narrow purpose and significance and its scope of protection, the understanding of \A Comparative Study of the four special circumstances, the insurance company should be undertaken within the scope of the traffic compulsory insurance liability, in line with the original intent of the legislation and the value orientation. To pay high insurance liability insurance is a mandatory, public welfare, wide coverage, the implementation of the principle of no-fault Imputation core demands in order to safeguard the interests of vulnerable groups, people oriented life-oriented spirit, both to protect the personal injury or death to protect the loss of property, compulsory traffic accident liability insurance regulations \insurance companies should bear the liability is no doubt that traffic compulsory insurance within.

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