Research On The Type Construction And Exercise Conditions Of The Third Party’s Insurance Claim

Since the establishment of liability insurance,the society has been calling for the establishment of the third party’s claim for insurance benefits.The insurance law has been revised for many times,among which the relevant provisions on the third party’s claim for insurance benefits have also been changed,legislative interpretation has been given,and judicial interpretation has been made.The current legislation in China has made relevant provisions on the third party’s claim with two provisions in Article 65 of the insurance law,which has been widely used in academia It is generally believed that only the second half of the second paragraph endows the third party with the right to claim for insurance benefits,and it should be placed under the condition that the insured is "slack in the request".However,this article holds that the exercise conditions of the third party’s claim for insurance benefits under this clause also include the first half of "determination of liability for compensation","the part to be compensated" and "the insured’s insufficient compensation" which is not clearly stated in the clause but actually should be the exercise condition of the third party’s claim for insurance benefits;in addition,this article holds that the insurance law of China actually grants the third party’s claim for insurance benefits in the first paragraph of Article 65 The conditions for exercising the right of claim stipulated in the second paragraph are different from those stipulated in the second paragraph,which should be stipulated in the legislation of special compulsory liability insurance and in the contract of altruistic liability insurance.Therefore,this paper constructs three kinds of claims under different types of insurance: claims based on the law of compulsory liability insurance,claims based on the agreement of insurance contract,claims based on the general law of insurance,and on this basis,it discusses the exercise conditions of different types of insurance claims and puts forward suggestions for improvement.The research object of this paper is the insurance claim of the injured third party in the liability insurance.Different types of liability insurance are distinguished to construct different third party insurance claim.Based on this,the paper analyzes and perfects the exercise conditions of the third party insurance claim.In addition to the introduction and conclusion,it is divided into five chapters.The first chapter introduces the system development and significance of the third party claim for insurance benefits,from which we can see that the current legislation of our country stipulates the conditional third party claim in the general field;the second chapter examines the existing problems of the third party claim through the empirical analysis of judicial cases,including the judicial practice does not fully recognize the third party’s right,the third party claim In the third chapter,the author analyzes the reasons why the third party’s right of claim needs to be differentiated,and constructs the type of the third party’s right of claim,which can be divided into different third party’s right of claim based on the legislation of compulsory liability insurance,the contract agreement and the general law of insurance;in the fourth chapter,the author discusses the classification of the third party’s right of claim based on the type construction Different kinds of third-party claims exercise conditions,and the academic debate based on the general insurance law of the third-party claims exercise conditions are focused on;the fifth chapter based on compulsory insurance law and general insurance law of the third-party insurance claims give legal perfection suggestions,and suggestions to improve the third-party insurance claims related supporting system.