On The Scope Of The Third Party In Compulsory Insurance For Vehicle Traffic Accident Liability

In recent years,with the rapid development of China’s economy,the transportation industry is more and more developed,and the increasing car ownership provides many conveniences for people’s traffic.According to the information released by the National Bureau of statistics,as of June 2019,the number of cars in China has reached 250 million,private cars 198 million and motor vehicle drivers 422 million.The increase of vehicle ownership directly leads to the increasing number of traffic accidents,which not only affects people’s life and property safety,but also affects social harmony and stability.As a legal tool to protect the interests of the victims of traffic accidents,the compulsory liability insurance of motor vehicles(hereinafter referred to as traffic compulsory insurance)has been recognized by the legislation and judicial practice of various countries in the world.China’s Insurance Law,road traffic safety law,regulations on compulsory insurance of motor vehicle traffic accidents and other laws and regulations have constructed the legal system of traffic compulsory insurance in China.Unfortunately,the narrow and rigid definition of the scope of the "third party" of traffic compulsory insurance is not enough to provide a strong basis for the judicial practice of traffic accidents,resulting in the failure to more widely protect the legitimate rights and interests of the "third party" victims of traffic accidents,which is a real flaw.The first chapter of this paper introduces the purpose and significance of the topic,summarizes the current research situation of the academic community,points out the innovative points and methods of research;the second chapter analyzes in detail the insurance law,the road traffic safety law,the traffic compulsory insurance regulations,the interpretation of the Supreme People’s Court on the application of law in the trial of road traffic accident damage compensation cases,etc According to the definition of the scope of "the third person" in the laws and regulations,combined with the actual cases of "the vehicle personnel","the applicant" and "the driver" in the traffic accidents,this paper points out the shortcomings of the current legislation definition of "the third person" in China’s traffic compulsory insurance;the third chapter mainly focuses on the "the third person" of the traffic compulsory insurance in some developed countries represented by Britain,the United States and Japan ”Through comparative analysis and Research on the scope,it is found that the "third party" of traffic compulsory insurance has a relatively wide scope of protection for the victims’ personal injury and death,which is given to the victims of traffic accidents to a large extent within the scope of the national system;chapter four expounds the importance of expanding the scope of "third party" of traffic compulsory insurance and the inclusion of "vehicle personnel" and "Insured" into traffic compulsory insurance“ The rationality of the guarantee scope of the third party.This paper focuses on the analysis and discussion of the factors under which "on board personnel","driver" and "policyholder" can be transformed into "third party" of traffic compulsory insurance,and gives a more clear statement.Based on theoretical research,comparative analysis and empirical examples,this paper analyzes and discusses a series of important problems existing in the scope definition of "the third party" of traffic compulsory insurance,and further puts forward the conditions for "vehicle personnel","driver" and "policyholder" to be transformed into "the third party" of traffic compulsory insurance,so as to maintain the unity of laws and guarantee traffic affairs to the greatest extent The legitimate rights and interests of the victims.