Research On The System Of Compulsory Liability Insurance For Auto Traffic Accident

As Chinese economic development, the number of motor vehicles has grown rapidly, and the road traffic accident happens also frequently. The litigation case caused by road traffic accidents now, has been one of the main types of civil cases handled by the courts. Our court has accepted 264 road traffic accident personal injury compensation cases from January to August in 2010. While the same period in 2011, this number increase to 406. The conflict caused by road traffic accidents has affected stability and development in our society and economic, meantime aroused widespread concern in our society.Driving motor vehicles on the road, is in a high-risk conditions, if the motor's owner is no insurance, in the event of traffic accidents, motor vehicle driver or owner will be faced with the responsibility to bear the enormous financial compensation, the victims in the accident are often unable to work, affect the quality of their living. Therefore, the responsibility of motor vehicle road traffic accident compensation system must be established in order to maximize the protection of the victim's personal and property rights. Compulsory Liability Insurance For Auto Trafic Acciden, is a good way to solve this social problem. When the Accident happened, Compulsory Liability Insurance For Auto Traffic Accident can compensate the loss of victim's in road accident in time, disperse the responsibility of the insured risk, and solute the contradiction effectively caused by compensation.In this paper, the following four areas on the system of motor traffic accident liability compulsory insurance has been studied:the first part is about the general analysis of Compulsory Liability Insurance For Auto Traffic Accident, main introduce its meaning, trends and characteristics in domestic and international, and have compared the relationship between Compulsory Liability Insurance For Auto Traffic Accident and the Commercial motor vehicle third party liability insurance. The second part introduce the doctrine of liability fixation of liability for damages, in this part, I analysis the doctrine of liability fixation from The Law of Torts, discuss the doctrine of liability fixation when the insured undertake responsibility in motor vehicle accident. At last, I think that the motor vehicle road accident liability insurance system apply to the principle of no-fault liability. The third part is about the compensation of the motor vehicle traffic accident liability compulsory insurance, This part analysis the rationality and shortcoming of our China's motor vehicle traffic accident liability compulsory insurance's provision from the principle of compensation, compensation objects, the scope of compensation and exemptions, such as, application of fault-balance principle, whether the person in the vehicle should be the victims, whether compensation should be paid in property loss, and I also think the scope of the exemption was too limited and should be improved. The forth part is about the victims of the third party's right of direct claim, this part focus on the performance conditions of the third party's right of direct claim and how to deal the right of direct claim and other claims when they concurrence.