The Establishment And Perfection Of The Compulsory Third-party Motor Vehicle Insurance System In China

Currently, the United States, England, Japan and many other countries have already given compulsory characteristics of the third-party liability insurance on motor vehicle with the form of the law ruling, and built up the system of the third party liability compulsory insurance on motor vehicle respectively. The development of the third party liability insurance of those countries proves that such system could not only effectively scatter indemnity risks of anyone who cause traffic accident, but also make assurance of covering the victims'losses.In our country, with the rapid development of economics, the number of motor vehicle increases very fast which result in the traffic accident rate raises year after year, the issue of how to compensate the traffic accident victims'losses becomes a serious social problem. For the purpose of relieve the social conflicts, assure the victims' interests, our country has profited from the developed countries'experience, new "Road Traffic Safety Law" which promulgated on May 1, 2004 indicated the establishment of the system of the third party liability compulsory insurance on motor vehicle in our country. The establishment of the system can not without theoretical research, but the domestic theoretical study is not enough. Therefore, do some academic research on the compulsory third-party motor vehicle insurance system in consideration of China's specific conditions is with strong theoretical and practical significance.The main structure of the article contains five parts. Chapter 1 is the introduction part of the article. It mainly discusses the research background, the meaning of the research, and the contents and methods of the study. The main body of the article starts from chapter 2 to the end. Chapter 2 is an overview of the basic theories of the third party liability compulsory insurance on motor vehicle. That part begins with the characteristic and value of the system, argues the definition of the third party liability compulsory insurance and the relation between traffic accident indemnity system and the third party liability compulsory insurance, and discusses the definition of the insurance 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 development of the third party liability compulsory insurance system in the United States, Japan and Taiwanese regions to illustrate the experience we can draw from those countries. Meanwhile, this part makes an overview of the current development of the third party liability insurance in China. Chapter 4 argues the necessities and possibilities of establishment of the system. From the aspects of the road traffic accident, the principle of the road traffic accident indemnity system and the problems of the motor vehicle insurance management, it illustrates the necessities of the system establishment. And based on the concrete analysis of the implement of "Road Traffic Safety Law", the development of information technique, and the reinstate 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 few policy suggestions towards how to establish the system in our country, such as practice of unifying the rate of premium and the responsibility quota, adopting the management principle of"no earning, no loss", establishing the entrusting business model, etc.The main contribution lies in the following aspects. First, on topic selection. This paper emphasize on how to improve the system of motor compulsory third-party insurance in our country. Previous studies mainly limited to study the compulsory third-party motor vehicle insurance system in the developed countries. The main reason is that China has not established the compulsory third-party motor vehicle insurance system two years ago. But in this paper, writer emphasize in analyzing China's specific conditions to implement compulsory third-party motor vehicle insurance system and put forward own opinions and views on how to perfect this system. Secondly, on the idea of the study, this paper focus on the macro view and micro view combined and foreign experience and domestic condition combined method. Most scholars study the compulsory third-party motor vehicle insurance system more in a macro or micro perspective, or without consideration of the domestic situation and copying the overseas experience. This paper attempts to analyze how to perfect China's compulsory third-party motor vehicle insurance system with China's national conditions in a comprehensive perspective.In conclusion, the writer hopes that this paper could make a little contribution to the establishment of the system and the relative research work.