The Study On The System Of The Third Party Liability Compulsory Insurance On Motor Vehicle

Currently, the United States, Japan, England, France and many other countrieshave already given constrained characteristics of the third party liability insurance onmotor vechile with the form of the law ruling, and built up respectively the system ofthe third party liability compulsory insurance on motor vehicle(which is called thethird party liability compulsory insurance for short). The development of the thirdparty liability insurance of those countries proves that such system may not onlyeffectively scatter indemnity risks of any who cause traffic accident , but also makeassurance of covering the victims losses.In China, the system of the third party liability compulsory insurance has neverbeen established yet.It is mainly because so far 《Regulations on the Third PartyLiability Compulsory Insurance on Mobile Vehicle》and 《Regulations on the SocialRelief Fund for Traffic Accident》,etc have never been implemented. Owing to lack ofnecessary related measures and regulations, it is impossible to set up the systemimmediately. However, enomorous losses of the road traffic accidents, increasingexpenses of bodily injury indemnity, obstacle to the management of motor vechileinsurance and other real problems call the system to build up as soon as possible.Although the study on the theory plays a leading role in the establishment of thesystem, the research on the theory of the compulsory insurance system cannot satisfythe requirements in our country. Consequently, based on the concrete state of thenation of our country, it is of a very strong theoritical and realistic meaning to carry onthe research on the theory of the system of the third party liability compulsoryinsurance on motor vehicle. According to this, by the means of illustrating theknowledge of system theory systematically, drawing lessons from the advancedexperience of other nations and regions and concerning the current development ofdomestic and international situation, the writer argues the necessities and possibilitiesof the establishment of the system in China, and puts forward to the concrete measuresas the policy suggestions for the establishment of the system.The main structure of the article contains five parts.Chapter 1 is the introductionpart of the article. It mainly discusses the research background, the meaning of theresearch, and the contents and methods of the study. The main body of the article startsfrom chapter 2 to the end. Chapter 2 is an overview of the basic theories of the thirdparty liability compulsory insurance on motor vehicle. That part begins with thecharacteristic and value of the system, argues the definition of the third party liabilitycompulsory insurance and the relation between traffic accident indemnity system andthe third party liability compulsory insurance, and discusses the definiton of theinsuance accident and whether to have the direct claims on victims to insurers or not.Through the relative analysis methods, chapter 3 gives examples of the develpment ofthe third party liability compulsory insurance system in the United States, Japan andTaiwanese regions to illustate the experience we can draw from those countries.Meanwhile, this part makes an overview of the current development of the third partyliability insurance in China. Chapter 4 argues the necessities and possibilities ofestablishment of the system.From the aspects of the road traffic accident, the principleof the road traffic accident indemnity system and the problems of the motor vehicleinsurance management, it illustates the necessities of the system establishment.Andbased on the concrete analysis of the implement of 《Road Traffic Safety Law of thePeople's Republic of China》, the develpment of information technique, and the realstate of motor vehicle insurance market, the article concludes that it is possible to setup the system. In chapter 5, according to the above contents, the writer makes a fewpolicy suggestions towards how to establish the system in our country, such as practiceof unifying the rate of premium and the responsibility quota,adopting the managementprinciple of "no earning,no loss",establishing the entrusting business model,etc.In conclusion,the writer hopes that this aticle could make a little contribution tothe establishment of the system and the relative research work.