Study On The Legal Application Of Compulsory Insurance Exclusions For Traffic Accident

Excluded liability insurance refers to the legal period of the duration of the insurance contract ofinsurance the insured vehicle law or the matters agreed upon in the contract, the insurance companywithout the accident damage compensate pays insurance gold. Insurance exclusions, since the relevant lawsand regulations enacted in the theoretical circle of law, whether to pay insurance exclusions, or coverageincludes damage to property or not, or have the victim without direct right of claim, the purpose ofinsurance exclusions, legal nature, and so on have been controversial. Because of these disputes, in judicialpractice, the legal application of responsibility of insurance except more chaos, applicable to the same lawof the court of first instance and second instance court case according to the different and appear theopposite judgment, or similar cases, the same area the court’s decision clearly different.On September17,2012, the supreme people’s court the1556th meeting of the judicial committeepassed "the supreme people’s court concerning road traffic accident damage compensation cases to explainsome issues of applicable law, the situation of insurance exclusions, this case the insurance companycompensation scope and responded such controversial problems as the victim’s right of claim. Because theeffectiveness of the judicial interpretation has the shall prevail, seems to be the legal application ofresponsibility of insurance except to solve the problem. Applicable law but the law applicable in the formof a goal is to make a decision to predictability of law, the essence of the law applicable to the target is alegal decision to acceptability, applicable law’s aim is not just to achieve form, more requirements of legaldecisions to have acceptability, which requires the insurance exclusions itself should have rationality andlegitimacy of law. Comparison has enacted laws and regulations, found that the purpose of insuranceexclusions, the legal nature of insurance exclusions are still not sure, at the same time, the supreme people’scourt about the applicable law of road traffic accident damage compensation cases, the explanation of someissues directly canceled DaoQiang motor vehicle accident case, this cancel will produce on the question ofthe applicable law. And careful analysis before the supreme judicial interpretation law applicable condition,as you can see some courts for the general rules of the applicable law is not correct, in a number of legalprovisions on insurance exclusions are prescribed, or even conflict, cannot determine priority in the applicable law. Although some courts correctly grasp the general rules of law applicable, but for thepurpose of insurance exclusions, insurance exclusions contains the legal value, especially the legal natureof insurance exclusions understanding is differ, the applicable law. So there are no solve the above problem,at the same time cannot effective connection with the existing law, the new judicial interpretation mayreach the desired effect, still can’t very well solve the problem of the essence of the applicable law, evenunreasonably increase part of main body responsibility, resulting in a waste of resources. Applicable lawrequires not only clear rules of the applicable law, need more legal norms itself has the rationality andlegitimacy.So careful analysis except insurance liability, insurance exclusions contains the purpose of the law ofvalue, the legal nature of insurance exclusions and the current our country insurance business conditionsand people’s living standards the realistic national conditions, combined with relevant countries and regionsfor reference after the provisions of the insurance exclusions, can draw the conclusion that at the request ofthe law applicable to form goals, current our country insurance exclusions related legal provisionsapplicable order is: the supreme judicial interpretation of law, the reasonable traffic security law, the tortliability act,"byelaw of insurance-the insurance clause. At the request of the real target, the legal nature ofinsurance exclusions should clearly defined as the supplement responsibility, for the victims in need ofurgent treatment, allowing the victim directly request insurance company within the scope of the insurancecompensation; For the victim does not require emergency treatment, the victim must be the first to theinfringer claims for damages, in the case of compensation claims cannot be satisfied, can ask the insurancecompany within the scope of the insurance compensation. And motor vehicle stolen during the accidentshould be included in the exclusions situation, legislation should expand the scope of insurance companyaccept insurance, gradually eliminate insurance exclusions.