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China 's motor vehicle road traffic accident insurance payment dispute Legal Issues in Compensation Cases

Author: WangZhengGang
Tutor: DuanWei
School: Central University for Nationalities
Course: Legal
Keywords: Motor vehicle third party liability insurance system The right of victims directly request No independent third person
CLC: D922.284
Type: Master's thesis
Year: 2011
Downloads: 92
Quote: 0
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Abstract


Motor vehicle road traffic accidents, tort liability often shirk their responsibilities do not want compensation or purely not afford to pay, resulting in the victim's interests can not be protected. Thus triggered a large number of motor vehicle road traffic accident damage compensation disputes generated, thereby affecting the stability of the society. So countries (regions) will spread the risk, aims at treating the insurance payment system to the introduction of the motor vehicle road traffic accident damages, establish and gradually improve the motor vehicle third party liability insurance system. After with the surge of the motor vehicle, motor vehicle road traffic accidents occur more frequently, the protection of the interests of the victim even more prominent, so the least developed countries (regions) through legislation, not only founded the compulsory third party liability insurance system gives the victims a direct claim against the insurer, but also established a series of supporting legal system. Our laws, however, recognized the legitimacy of the insurer to pay insurance premiums directly to the victim, but also allows the victims directly request the right to exist, but remained behind in this regard, not only motor vehicle third party liability insurance system itself loopholes, and supporting legal system is lagging behind, leading to disputes on many issues in the theory and practice. The author as a trial personnel engaged in traditional civil cases in the process of the actual hearing of cases found that insurers often use China in the institutional dispute motor vehicle Road Traffic Accident Compensation Insurance Payout legal issues put forward all kinds defense, especially in our current legal environment, whether the victim is entitled to request the right to direct insurer and the insured killer in connection with the legal status of the related insurance litigation. This situation makes the parties in particular, of the legitimate rights and interests of the victim shall complete protection, but also makes risk diversification, and aims at treating the motor vehicle third party liability insurance claims system purpose can not be realized, the solemnity of the law being questioned. Therefore, the only reason to use trial practice to deal with specific cases, to protect the legitimate rights and interests of the parties concerned, the maintenance of justice and solemnity of the law, as the author of the substantive legal workers studying controversial issues associated with the subject of this thesis monographs, periodicals , papers, a summary of the different points of view, with the perspective of history, dialectical thought and jurisprudence learned discusses the legal status of the direct claims of the victims of the most controversial practice and insurance litigation. After comparison and analysis, the author believes, motor vehicle third party liability insurance contract is a contract of the interests of a third person, the trend of the development of the theory of the interests of a third party contract and motor vehicle third party liability insurance system determine the victim can enjoy insurer's right to a direct request. However, one of the rights of the actual enjoyment of the need to clear legal provisions, and the analysis of the Insurance Law, the Road Traffic Safety Law \Therefore, in our country, the victim did not directly claim. Enjoy the right to a direct request because the victim, the victim can be either directly or through litigation request payment of insurance benefits directly to the insurer, the insurer in the litigation is of course, the defendant, and the victim did not request, will result in the victim missing a direct into the insurance advocate request basis, resulting in the victim if necessary, on the lack of public relief litigation the way advocated request to the insurer, and its protection of the interests compromised. Therefore, for the protection of the interests of the victim, the insurer must be found in the proceedings a legal status, so that the victim and the court can insurers on litigation, so that no direct request of the victim obtained against the insurer way of litigation Relief. In our current legal environment, to get insurers to participate in the victim sued the insured's lawsuit, can only be based on independent third theory and litigation system, the insurer as no independent right third people. This not only solved the insurance the litigation status issues in the case, but also to solve the victim did not directly request rights can not be timely, adequate, convenient and effective way to protect their interests, but also to solve the insurer, the insured and victims the problem of the balance of interests between the people. Through this discussion, I want to be able to be more effective, more just to protect the legitimate rights and interests, and promote the health of the insurance industry, and orderly development, to ensure that victims get effective compensation law motor vehicle third party liability insurance system the purpose of realization promote processing of perfection and unity of the legal system and the practice of specific cases, the same results of the same judgment in the case, the maintenance of judicial and legal seriousness own little contribution for the improvement of China's motor vehicle third party liability insurance system modest.

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