无过错责任原则在机动车强制责任保险中适用所面临的主要问题和对策.pdfVIP

Abstract Road Tm伍c Safety Law of the People’s Republic of China took erect on Mayl．2004．Its tlle first．ever law on read tramc safety in China．The Law requires the state to practice the system of the compulsoryⅡ血d party liability insurance for motor vehicles．Since the law changed the traditional fault liability principle into the non-fault liability principle on dealing with road tra伍c accidents，argues occurred on whether it is reasonable to introduce non-fault liability principle into the handling of road tra珏ic accidents and if we should take the present third party liability insurance for motor vehicles as compulsory insurance．TlIis paper aims to answer these two questions．For the former one．the paper begins witll the researches about the necessity, possibility and the legal theories of the adoption of the non-fault liability principle；then it points out that while implementing this principle，the fault which causes the accidents by pedestrians or non-motorized vehicles should be taken into considemtion in order to decide the amount of compensation；and the article advises to establish relating laws and regulations as soon as possible to alleviate the negative influence oil mad乜堋沁safety caused by the adoption of the principle． Then，for the latter question,the article argues that the present third party liability insurance for motor vehicles is a kind of commercial insurance even thor【gh the motor vehicle owners were forced by the locat government to manage the insurance with insurance companies．But the paper also debates that botll the Insurance and the Contract Law ofthe People’s Republic ofChina ask to adopt the non-fault liability principle to decide the present third party liability insurance’s coverage．Finally,this article discusses on some practical problem arising from the implementing Ofthe compulsory insurance system． 、 Key words：motor vehiclet compulsory insurancet commercial insurance，缸aI五c accident damage compensation，non·fault liability，comparative negl