Discussion On The Construction Of New Mechanism Of Insurance Compensation After Drunken Driving Accident

Non-compensation after drunken driving accident, which is unanimousrecognized in insurance companies, and controversial in practical and academic fields,is a popular name in insurance industry. Although supporters and opponents have bothraised plenty of reasons, in where there are many fatal drawbacks.In a drunken driving accident, we should pay attention to the interests and rightsof not only the victims, but also the insurance companies. The mechanism ofinsurance compensation after drunken driving accident should be harmonious.Ignoring the legitimate interests of which side will obstruct the mechanism’ssustainable development. On the basis of the above reasons, constructing a newmechanism of insurance compensation after drunken driving accident is necessary.Apart from the preface and conclusion, this paper consists of five chapters,whose detailed contents are as follows:The first chapter introduces the conception and standard of decision of theNon-compensation after drunken driving accident, and makes a carding from currencylegislation at the same time.The second chapter summarizes the reasons of agreement and disagreement onNon-compensation after drunken driving accident in detail through two controversialcases. Then the author tries to put forward some new viewpoints. The first emphasis is this chapter that lays the foundation for the following texts.The third chapter defines the value orientation of the mechanism of insurancecompensation after drunken driving accident, tries to construct the mechanism’sframework, and then analyzes the referred rights and obligations. This chapter is thekey innovation of the thesis.The forth chapter establishes the theoretical foundation for the above-mentionedmechanism, through illustrating the justice value of law, the avoidance of adverseselection and moral hazard, the negative externality, and the effectiveness of order.This chapter is the second emphasis in the thesis.The last chapter reviews the Article22of Regulations on Compulsory TrafficAccident Liability Insurance for Motor Vehicles, and then proposes some suggestionsto perfect it.