Compensation For Emotional Damages In Compulsory Traffic Accident Liability Insurance For Motor Vehicles

Because of the restrictions in commercial insurance liability exemption clause,compulsory insurance’s compensation for moral damages directly affect the amountof commercial insurance’s total compensation, which leads judges, academics andothers’ so much concerned. The insurance industry, justice practitioners, academicshave published different views on this controversy. The writer uses the method ofanalysis, comparative studies and other methods to analyzes the relevant theories andissues, trying to answer the following important problems: whether compulsoryinsurance should provide relief for the moral damage, how to compensate for themoral damage in compulsory insurance, what obstacles are there when compulsoryinsurance provides relief for the moral damage and how to deal with it.The first chapter is about a problem whether compulsory insurance shouldprovide relief for the moral damage. The writer analyses the concept, clears the scope,outlines the relevant disputes, points out the compatibility of compulsory insurance’value and moral interest is the key to answer whether compulsory insurance shouldprovide relief for the moral damage. On this basis, the writer follows two clues calledlegislative purpose of compulsory insurance and characteristics of moral damage todraw a positive conclusion combined with comparative studies.The second chapter is about how to compensate for the moral damage in compulsory insurance. The writer analyses the typical problem, teases apart thechange and development of regulatory and judicial attitudes towards this problem, andthen focus on the academic controversy views. On this basis, from the perspective oflegal relationship, the writer explains the moral damage’s status in the three legalrelationships, highlights the key to the problem is party’s autonomy.The third chapter is about rethinking the obstacles when compulsory insuranceprovides relief for the moral damage and the legislative proposals. From theperspective of judicial practice, the writer analyses the litigation exhaustion and theway to determine the amount of the moral damage compensation. On this basis, thewriter uses the Japanese experience for reference, puts forward some legislativeproposals to improve and perfect the system of compulsory insurance.