| Traffic compulsory insurance(motor vehicle traffic accident liability compulsory insurance for short)is a system that protects the basic rights and interests of traffic accident victims,mainly to protect the property or personal damage of the victims caused by motor vehicle traffic accidents.The definition of the third party directly determines whether the victim of a traffic accident can obtain relief through the insurance.The current compulsory traffic insurance system in my country has too narrow and rigid regulations on the scope of third parties,which makes it impossible to better protect the legal rights and interests of third parties who are victims of motor vehicle traffic accidents.This paper analyzes the controversy in my country’s judicial practice about the definition of the third-party scope of compulsory traffic insurance through actual cases.It uses comparative analysis,empirical analysis and other methods,combined with the characteristics of the era of shared transportation,to study the definition of the third-party scope of my country’s current compulsory traffic insurance system.,In order to better protect the rights of victims.The main contents of this article are as follows:The first part outlines the existing problems in the scope of the third-party compulsory traffic insurance found in our judicial practice.In particular,the specific meaning of concepts such as the insured,the vehicle personnel and the insured’s family members in the compulsory traffic insurance clauses and judicial practice are discussed.The second part is to analyze the theoretical concept of the third party in compulsory traffic insurance.By discussing the deficiencies and deficiencies in the scope of the third party in the current compulsory traffic insurance legislation,taking the challenge of shared traffic to the third party of compulsory traffic insurance as an innovation,expounding the reasons for expanding the scope of third parties,and expounding Chinese Taiwan and the United States,Germany and Japan.The laws and regulations on the scope of the third party in the compulsory traffic insurance system,combined with my country’s specific national conditions,discuss the content of extraterritorial legislation and judicial practice worthy of our country’s reference and reference,so as to be used by our country.The third part puts forward some legislative suggestions for the third party of compulsory motor vehicle traffic insurance in our country based on the problems and deficiencies mentioned above.Combining with our country’s unique national conditions,referring to the valuable experience of extraterritorial legislation and justice,adopting relevant academic theories,strengthening top-level design and scientific research and judgment,perfecting legislative loopholes,and further improving the public interest of compulsory traffic insurance. |