The Discussion On Article 22 In Regulation Of Compulsory Insurance In Traffic Accident By Mobiles

In May 1st of 2004, the Traffic Safety Law of P.R.C had been promulgated officially and in July of 2006 the Regulation of Compulsory Insurance in Traffic Accident had been enforced while in June, the CIRC endowed by the Central Government to make the detail articles of this kind of compulsory insurance, which is means the compulsory insurance in traffic accident in China would be legislated as the public target to guarantee the victims'benefits (CITA). In the judicial practices, as the Article 22 states the following four aspects in CITA such as the driving without license; the drunk drivers; the mobile stolen or robbed with the accident; the insured made the accident intentionally with the CITA are still in the air for the academia and the judicial practices.By listing the cases in judicial practices, this paper induces the two focuses that one is the insurance company prepay the saving account without any injuries liabilities and two is the insurance company should pay the compensation in the limited time for the injuries. For the point one, it is based on the broaden interpretation of the"property lost"in Article 22 in CITA, which is combing with the"inspired damages"with the Article 22 and the Article 9 ruled in order to show the social function of the CITA for the prepay in saving but not the compensation for the injuries in legislation aim. However, the point two is based on the Article 3, Article 21 and 23 including the Article 76 in Safety Law, which definitely raises the concepts of injuries and damages that the property lost does not belong to the injuries besides the only condition of purpose. From the view of the legislated aim of CITA, the four special situations make the insurance company to pay the injuries legally for the victims to embody the guarantee the victims and the social functions of the CITA.According to the discussions above, this paper begins from the identification of the four cases and the understandings about the"property lost"through the legal meaning and guarantee content of CITA and compares the four cases with the legal logics and imputation of CITA, which concludes that the insurance company should take the responsibility in the limit of the CITA under the four cases to fit for the legislated nature and values pursuing. So the CITA should be the liability insurance which is characters as the compulsory, the public and the wide-ranged one with the non-faulty imputation that the crux is the protection of the weaker groups to show the humanity and the life-oriented protection and the double guarantee for the injuries and property lost. More, the"property lost"states in Article 22 is just the narrowed definition excluding the injuries but under the four particular cases, the insurance company should be taken the compulsory liability doubtfully in CITA's limits.