Studies On Legal Problems Of The Motor Vehicle Compulsory Liability Insurance

Using the study methodology of comparative and legal economic analysis, the thesis mainly attaches importance on the system of motor vehicle compulsory liability insurance of our country after analyzing comparatively the systems of developed country or region from the perspective of law, economics and sociology. The thesis appraises the seventy-six article of Road Safety Act and the statute of motor vehicle compulsory liability insurance.The thesis discusses the theoretical foundation of motor vehicle compulsory liability insurance and appraises the actual legal system, and brings foreword the related system design advice at last. The thesis is composed of five chapters; the main content is as follows:Chapter one studies the basic concepts. Firstly the thesis analyzes the difference among traffic accidents responsibility and civil compensation and liability insurance. Following that is to discuss the meaning, the character and the fundamental legal relationship of the motor vehicle compulsory liability insurance.Chapter two discusses the basic issues of the motor vehicle compulsory liability insurance. Firstly the thesis studies the theory evolvement of liability insurance. Secondly the thesis analyzes the necessity, the feasibility, and the legitimacy of implementation. At last the thesis analyzes the limitations of the deficiency on the incentive mechanism from the view of legal economics. Chapter three focuses on the compulsory force on the contract of motor vehicle compulsory liability insurance. Firstly the thesis analyzes the legal obligation to insure and the related problems. Secondly, the thesis discusses the legal duty to accept insurance and the related issues. At last the thesis researches the limitation to release from contract and the issues taken into account.Chapter four appraises the current legal system of motor vehicle compulsory liability insurance. Firstly the thesis neatens theoretical disputes about the article seventy-six of Road Traffic Safety Law, and points the crux of the problem and reconstructs it. Secondly the author unscrambles and appraises the statute of compulsory liability insurance issued just now. At last the thesis analyzes and reflects the reasons about long absence of our system of motor vehicle compulsory liability insurance which resulted in judicial issues.Chapter five focuses on the related system design of our country's motor vehicle compulsory liability insurance. Firstly the thesis designs the marching systems and brings forward constructing the system of society salvation fund of traffic accident, assuring insurance, continuing to insure, following surveillance and restricting system and the sustaining system on finance and revenue. Afterwards, the thesis discusses deeply the concrete system design to the motor vehicle compulsory liability insurance from five aspects, namely, the insurer's pattern and principal of management, the scope of motor vehicle insured compellingly, the scope of civil compensation, the liability limitation, and the premium.