Study On Several Legal Problems Of Traffic Compulsory Insurance In China And America

Traffic compulsory insurance of America appeared for the first time in the early 20 th century. And it has become a impeccable insurance system now. Although Chinese traffic compulsory insurance gave full scope to social functions, there was a gap compared with traffic compulsory insurance of America. These disparities appeared at the aspects of types,compensation scope, doctrine of liability fixation and rates. We can also use the experience and measures of America for reference about traffic compulsory insurance.Firstly, a wide variety of forms are included in traffic compulsory insurance of America. To satisfy the difference standards of applicants, traffic compulsory insurance of America can be divided into five parts. But Chinese traffic compulsory insurance has only a single type. To protect the interests of victim in road accidents, we can learn the experience of America to increase the types of traffic compulsory insurance. Secondly,traffic compulsory insurance of America has a biggish compensation scope which include the loss of life or personal injury and monetary loss. The insured and passenger inside the car are all protected. The compensation scope of Chinese traffic compulsory insurance also has two parts. But we should exclude monetary loss which weaken the function of loss of life or personal injury in limitation of liability. Chinese traffic compulsory insurance has a smaller compensation scope which excludes passengers inside the car. So we should add “passengers inside the car” to the compensation scope of traffic compulsory insurance. Moreover, the limitation of liability is reasonable in America and it has considered the differences of various regions. It can also solve the compensation of victims who injured in the same traffic accident. But Chinese limitation of liability is practiced throughout the country with the same standard. And the measure which based on the quantities of traffic accident to make the standard of limitation of liability is imperfect.We should implement the different standards in various regions. Thirdly, fault liability principle and no-fault liability principle are used in traffic compulsory insurance of America, but there is only no-fault liability principle in China. And we need to improvethe doctrine of liability fixation in Chinese traffic compulsory insurance. Finally, the rates of traffic compulsory insurance of America are more perfect than China. The differences of various regions and personal differences are all considered by American when they formulate the rates. There are many blemishes in the rates of Chinese traffic compulsory insurance. So we should reference the rates of difference regions in America and consider the personal differences when we formulate the rates of traffic compulsory insurance.