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The Research of Compulsory Traffic Accident Liability Insurance Systemin the Cases of Traffic Accident Damages

Author: ZhouShiZhong
Tutor: ZhouGuiDang
School: Lanzhou University
Course: Legal
Keywords: Traffic Insurance System Compulsory Traffic Accident Liability Insurance motor vehicle victim
CLC: D922.284
Type: Master's thesis
Year: 2011
Downloads: 123
Quote: 0
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Abstract


With the fast development of economy in our country and the improvement of people’s life, especially in Zhejiang and other coastal developed regions, the number of automobiles is increasing. So the person damage compensate by the motor vehicle is gradually become the focus of attention of the community. Traffic Insurance System is established to protection of the traffic accident victims. Motor Vehicle Traffic Accident Liability Insurance is a kind of tools as this system, has already accepted by the countries and areas of the world in the legislation and practices. In recent years, the related lows has successively promulgated and implemented, such as Road Traffic Safety Law, tort law and compulsory Motor Vehicle Insurance Regulations. In this paper, the author through research and analysis the Traffic Insurance System, to introduce the practices of Traffic Insurance System, the claims of the current and the existing problems, and puts forward some suggestions in hopes that the Traffic Insurance can be further improve.Nowadays, the Road Traffic Safety Law has been put into effect for seven years, and compulsory Motor Vehicle Insurance Regulations also has been published 5 years, people has gotten familiar with Traffic Insurance System. However, the core issues-the Traffic Insurance System’s issue of compensation which concerned by people is still the most debated question in legal profession, especially pay close attention to the themes of the system whether to be itemize compensation, the exception clauses’suitable for use, and the calculation of the cost compensation for personal injury in the limit of system. The author from the procuratorial angle to feel that the system have the phenomenon of "each does things in his own way" in some of the applicable laws and regulations although China is a legal system of national unity. As an advocate of rule of law of countries, legal system’s unification and the legal application of standardization is our top problem to be solved.The paper including introduction, body and conclusion, the body is divided into two points.It is overviewed the basic theory of traffic insurance system in first point, mainly to introduce the Traffic Insurance System from the aspects of origin, original intention, concept, characteristic and some dispute terms and so on. In addition, the last chapter also introduced the three parties in the system and the differences between the system and the third party liability insurance business.The first part of the second point is introduce the system’s present situation and the status of the analysis. The last half part is mainly elaborates the author’s suggestions and ideas to the Traffic Insurance System.

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