The Study On The Third Party's Direct Claim In Liability Insurance

Liability insurance belongs to property insurance,is the product of the development of property insurance to a certain stage to meet the needs of the society.Its subject matter is the liability of the insured to indemnify the third party according to the agreement of the insurance policy and law.Same to property insurance,its original intention is to disperse insured's own risk,make up for a loss because of the compensation to the third party.With the progress of social life and economy,liability insurance has spread to all walks of life."Liability insurance has also become one of the most controversial,most difficult to judge and most slow to settle claims." The interests of protection has also gradually changed from filling the insured's loss to protecting the third party.How to protect the interests of the third party is a problem that the legislative and practical circles have to face.Confirming and granting the right of direct claims to the third party is the most direct embodiment of the protection of the interests of the third party.From the case analysis in practice,this paper explains why it is necessary to propose the third party's right of direct claim from law first.Through thedevelopment of liability insurance,the third person's concept,legal nature,status and scope of the analysis and study,concluded that protection for the interests of the third person is to adapt to the development and changes of social life,the confirmation and execution of the third person's direct right of claim is also necessary to maintain social stability and order,it is the reflect of the stability of legal values.Next this article will discuss theoretically,first dissect the third party claim liability insurance,discuss its theoretical basis,analyze the six theories of the third person's direct claim right,put forward the main viewpoint,namely the "debt shared theory," which is more scientific and stick to the meaning of liability insurance;Second,analyze the relativity principle of contract and explain the rationality and necessity of the breach of liability insurance.Finally,the need to directly grant third parties direct claims is clarified.Article's third part gazes at our current "insurance law",and puts forward the insufficient of third person's direct claim rules: first,"insurance law" article 65(1)is only an authorization rules that underwriter can compensate to a third person,not grant the third person's direct claim right;Second,the second paragraph only give the third person direct claim right conditionally,and the condition of "negligent in the request",there is no clear definition in the relevant legislation and judicial interpretation.Even in Judicial Interpretation IV of the Insurance Law,which came into effect on September 1,2018,it can only be regarded as a case of "negligence in requesting" in some circumstances;Third,there are only two provisions in the Insurance Law,and there is no conventions and distinguish for the third person direct claim's right for different types liability insurance.Moreover,in some special areas of law,there are also provisions on the right of third party direct claims.It makes the third party claim problem appear disorganized and unsystematic.The above points lead to many problems in practice.Different judges may also make different decisions in the trial practice,leading to different decisions for the samecase.All these indicate that there are many problems not only in legislation but also in practice,and the necessity of improving the rule of the third party's right of direct claim.At the same time,it is enlightened by comparing the legislation cases of direct claims to third parties outside the country.Finally,from the perspective of protecting the third party,this paper puts forward some suggestions to improve the rule of third party's direct claim in Chinese insurance law.It is proposed that the third party should be given the right of direct claim in legislation and choice to the subject of claim.In addition,in order to make the liability insurance more systematic,we should distinguish the general law and the special field law in the liability insurance.