A Research On The Problems And Countermeasures During The Implementing Course Of China's Vehicle Compulsory Traffic Accident Liability Insurance Regulation

In China, it has been nearly one year since The Regulation of Vehicle Compulsory Traffic Accident Liability Insurance (hereinafter referred to as Compulsory Traffic Insurance) effected on July 1, 2006. This Regulation makes full use of the Compulsory Traffic Insurance's society management function, and puts important significance in consummating Chinese legislation system, protecting people's life and property safety, promoting traffic safety, and maintaining society stability.In China, the Compulsory Traffic Insurance Regulation exerts important influence in many aspects. However, due to the insufficiency of the Regulation itself, there are many problems and contradictions in its practical implementing course. In order to realize the Humanistic Spirit of the Compulsory Traffic Insurance Regulation, prevent and minimize the occurrence of traffic accident, and protect the rights of the victim suffered in traffic accidents, we should, on the base of summarizing foreign countries' experience, combining with our country's special situation, to explore an efficient approach to perfect the Compulsory Traffic Insurance Regulation. This thesis would focus on the Regulation's characteristics, the Insurance's attribute, and do specific analyses on the problems rising out in the Regulation's implementing course, then to find out certain countermeasures to consummate China's Compulsory Traffic Insurance Regulation.In this thesis, it states that the main problems rising out of the Regulation's implementing course include the insufficient protection to the traffic accident's victim, weakening the operation subject's risk appraisement function and uplifting the operation cost, short of the fund resources of related supporting system (such as the Society Aid Fund). These problems and contradictions are mainly brought out by the dislocation of function of the government and the Insurance companies. Because the Compulsory Traffic Insurance has distinct attribute as a public product, its implementing course includes certain public policy content. Viewing from the Economics side, the Commercial Third Party Liability has external effect, so it can not fully exert influence under the market mechanism, which leading to the malfunction of the market. In order to solve the external problem, by putting it in the public product scope, the government forces people to buy compulsory liability insurance through legislation. Viewing from the Administration side, as a governmental administration and management action, its characteristic is to solve certain social problem, build project that fits the public benefit, and deal with the public property and resource. The social problems such as the victim's protection, traffic safety, social public's safety and rights, which all caused by the traffic accidents, then would be the object of the public management. As the Compulsory Traffic Insurance is a public product-to-be one, the government should balance the benefit and contradiction between the applicant and the social public, the power subject and the insurance operation subject, and so on. As the public management subject, the government should play the leading role.In view of now in China, the Compulsory Traffic Insurance Regulation is only in its perfection period, every supplementary measure is also in its own establishment phase, so it is advised that first should perfect the legislation and other related supporting systems, such as the Society Aid Fund, and the Diagnosis and Treatment Standard of the injury person in traffic accident, and establish the internal mechanism that would benefit the Insurance Company's operation, then could the Compulsory Traffic Insurance Regulation be consummated.