Investigation On Status And Development Of Motor Vehicle Traffic Accident Liability Compulsory Insurance

Motor vehicle traffic accident liability compulsory insurance (which is called Traffic Accident Compulsory Insurance for short) is a kind of compulsory liability insurance, which require Insurance Agent must compensate for death, damage & losing property of victim in traffic accident. Insurant and passengers can't take this compensation which is covered by limitation only. It is typical Motor vehicle Third Party Liability Insurance. Currently, many countries including United States, England , Japan and China TaiWan have already given constrained characteristics of the third party liability insurance on motor vehicle with the form of the law ruling, and built up respectively the system of the third party liability compulsory insurance on motor vehicle. The development of the third party liability insurance of those countries proves that such system may not only effectively scatter indemnity risks of anyone who cause traffic accident, but also make assurance of covering the victim's losses and guarantee his legal rights and interests.In our country, Traffic Accident Compulsory Insurance has been implemented formally for more than one year from July 1st, 2006. According to actual status, it has implemented the purpose basically which including increasing insurance rate of the Third Party Liability Insurance, accelerating traffic security, and exerting function of society guarantee. But, in the early, because of institutional shortage, absence of correlative system and insurant's warp subjectively, result in many problems and conflict in system implement process. It is not academic problem anymore. If we can't solve them timely and direct public rightly, they will produce much more society impact and unsteady factor definitely. The main purpose of this thesis is that via presentation of the history and status of Traffic Accident Compulsory Insurance equipped with correlative theory to analyze these problems and conflict. In the same time, we'll try to find resolvent by studying foreign experience for reference. The writer go along the route of detecting problems, and resolving them after analyzing accordingly. Take the method of theory contacting practice and combining general instance with emphases.Finally, the writer provides standardization measure and feasible advice to perfect Traffic Accident Compulsory Insurance.The main structure of the thesis contains foreword and five parts. The foreword mainly discusses the research background, domestic and oversea actuality, the meaning of the research, the contents and methods of the study, and the essential course and structure of the thesis. Chapter 1 is an overview of the basic theories of the Traffic Accident Compulsory Insurance. This part begins with the basic conception, and then summarizes the characteristic and property of the system. Finally, gives out the similarities and differences between Traffic Accident Compulsory Insurance and Commercial Third Party Liability via comparing the characteristic and property of them. At the same time, produces the conclusion that these 2 kinds of insurance can coexist in the same managing system. Chapter 2 argues the necessities and possibilities of establishment of the Traffic Accident Compulsory Insurance. 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 of the People's Republic of China》, the supervisory system and the benign development of the domestic insurance market, the thesis concludes that it is possible to set up the system. Chapter 3 mainly presents domestic and oversea actuality of the Third Party Liability Compulsory Insurance System. Firstly, gives examples of it's history and development in the United States, England, Japan and Taiwanese regions to illustrate the experience we can draw from those countries. And then, this part makes an overview of background and become effective process of the Traffic Accident Compulsory Insurance in China. Meanwhile, takes Beijing and Qingdao as emphases to summarize the development status after the first insurance year. Chapter 4 mainly discusses the problems and conflict in system implement process. Carries judgement on several points including the rationality of price fixture and liability limit , if exist sudden huge profits or not, and if incarnate commonweal well or not. As a result, educing the reason for these problems and conflict by analyzing the establishment and implement process. Chapter 5 provides standardization measure and feasible advice to perfect Traffic Accident Compulsory Insurance according to foreign experience. such as according to the above contents,the writer makes a few policy suggestions, such as marketable price, relationship between the Traffic Accident Compulsory Insurance and Commercial Third Party Liability, social relieving fund, information sharing platform, information revelation and supervisory system, etc. The last 2 chapters are emphases of this thesis. Chapter 4 is the part of raise issue and analyze issue, the objective of Chapter 5 is to find path of issue closed.The main contribution lies in the following aspects. Firstly, on topic selection, this thesis emphasize on how to standardize and improve the Traffic Accident Compulsory Insurance in our country. Previous studies mainly limited to study which in the developed countries, instead of comprehensive analyze for which in our country. In this thesis, writer emphasize on analyzing China's specific conditions and foreign experience to implement Traffic Accident Compulsory Insurance and put forward own opinions and views on how to perfect it. Secondly, on the method of study, this thesis focus on the method which combines macroscopical and microcosmic view, foreign experience and domestic condition. When studying the motor vehicle compulsory third-party insurance system, most scholars limit in macroscopical or microcosmic view separately, or copy foreign experience purely without consideration of the domestic situation. In the other way, this thesis attempts to analyze how to perfect China's Traffic Accident Compulsory Insurance with a comprehensive perspective. That mans taking good part purposely when treating with Advanced foreign experience. Finally, on point of view, this thesis base on fact and real data and say yes affirmly when answer the question if the Traffic Accident Compulsory Insurance has existent rationality or not. Meanwhile, put forward own viewpoint clearly toward those disputed problems.In conclusion, according to this thesis, the writer hopes to make a little contribution to standardize and improve the Traffic Accident Compulsory Insurance System and the relative research work.