The Research On "No Liability But Compensation" Of Motor Vehicle Traffic Accident Compulsory Liability Insurance

Compulsory insurance is the abbreviation of compulsory liability insurance for motor vehicle traffic accidents.It means that insurance companies cover personal injury property damage caused by traffic accidents.Under normal circumstances,Road Traffic Accident Compulsory Liability Act76 prescribes that “no liability but compensation”,which means as long as a traffic accident occurs,it does not distinguish whether the motor vehicle party is subjectively at fault or not.,the insurance companies shall bear the liability for compensation when satisfying other infringement constituents of a traffic accident.This article selects the "First Case of Beijing’s Didi Dache" heard by Haidian District People’s Court,Beijing.The court sentences that the insurance company pays compensation for motor vehicles relied on the 76,the provision of “no liability but compensation”.However,the motor vehicle commercial insurance take no responsibility.Basing on summary of the case and referee results,the author puts forward several reflections: First,what is the “no liability but compensation”of compulsory insurance and whether it has a legal basis? Second,does "no liability but compensation" mean unconditional compensation? The third is the evaluation of current compulsory insurance of “no liability but compensation” and several suggestions for its improvement.The article is divided into four parts to analyze and discuss the “no liability but compensation”of compulsory insurance.In the first part,the principle of “no liability but compensation”was introduced through the case and the author elicited some reflections on “no liability but compensation” according to the judgment of the court.The second part,analyzing the connotation of “no liability but compensation” in compulsory insurance and finding the legal basis of it from the perspective of law and jurisprudence.The third part,combining the case and proposing that “no liability but compensation” does not mean unconditional compensation.Concluding that the insurer’s liability in traffic accidents should satisfy two prerequisites—a motor vehicle is “in use” or“in operation” traffic accident;the motor vehicle accident must be a causal relationship and damage.The author also refute the views of well-known scholars.In the fourth part,dealing with the “no liability but compensation” in the compulsory insurance,the author proposes to be practical and feasible suggestions from the perspective of the comparison law and the legal system.