On The Direct Petition-Right Of The Third Party In Compulsory Liability Insurance Of Traffic Accident

The rapidly growing of the quantity of motor vehicles often causes traffic jam and frequent traffic accidents in China. As to the victimized third party of traffic accidents, our society has the duty to provide remedies for them. Compulsory liability insurance of motor vehicles should be one of the effective ways to solve this problem. However, The Law of the People's Republic of China on Road Traffic Safety and The Act on Compulsory Liability Insurance of Motor Vehicles'Traffic Accidents failed to award the third party the direct petition-right to insurance company.In my dissertation, after a comparing with the most countries and areas on this subject, and the analysis of our country's situation, I discuss the profile, scope, direct petition-right and the meaning of direct petition-right of third party, then, come to some legislative proposals. Specifically, the structure and content of my dissertation are as follows:In the first chapter, introduce the basic theory of the third party. The first is the conceptions and characteristics of third party, the second is the legal situation of third party, and recommend that the place of third party should be ruled in the compulsory liability insurance of traffic accident system.In the second chapter, the scope of third party is analyzed. In the first part, point out that comparing with the most countries and areas, the scope of third party of ours is too narrow. In the second part, by the studying of our related law and regulations, conclude that the rules in our law is disadvantage to the protection of the third party, meanwhile, the tendency of enlarging the scope of third party in judicial practice occurred, and was to be illustrated in accordance with the legislative aim of compulsory liability insurance of traffic accident by some cases.The third part is the core of this dissertation. In this chapter, the direct petition-right is elaborated carefully. In the first part, introduce the types and history of the third party direct petition-right. In the second part, point out that the basic jurisprudence of the third party's direct petition-right is the corrected theory of contract relativity. In the third part, study on the nature of the third party's direct petition-right, and regard that the nature is a damage compensation request on tort law. In the forth part, especially on the problem of how the third party to make use of direct petition-right, involved the conditions, cap of liability and the scope of compensation.The last chapter is about the meaning of third party's direct petition-right, which is benefit to simplify the procedures, save the cost of litigation, and strengthen the right of victim of traffic accident.