China legislative loopholes 100 items of the seven: the State Council "motor vehicle traffic accident liability compulsory insurance Ordinance" and the Supreme People's Court (2012)The people He Zi No.17Reply No.

Authors: Wang Xueshan lawyer

The first,Motor vehicle traffic accident liability compulsory insurance Ordinance (March 21, 2006 people's Republic of China State Council announced in March 30, 2012 462nd, according to the "State Council on Amending 'motor vehicle traffic accident liability compulsory insurance regulations' decision" Amendment) twenty-first: "the insured motor vehicle road traffic accident caused by the victim, the personnel casualty, loss of property insurance besides, by insurance companies in accordance with the law in the motor vehicle traffic accident liability compulsory insurance liability limits the scope of compensation." Article twenty-third: "motor vehicle traffic accident liability compulsory insurance unified liability limit nationwide. Limitation of liability for death and disability compensation compensation quota limits, medical expenses limit, property damage compensation limit and the insured has no liability in road traffic accidents. Motor vehicle traffic accident liability compulsory insurance liability limit by the China Insurance Regulatory Commission jointly with the public security department under the State Council, the state health department, the State Council formulated by the competent department of agriculture." Thus, the motor vehicle traffic accident liability compulsory insurance liability limit will be jointly with the public security department under the State Council, the State Health Department of agriculture of the State Council, shall be jointly formulated by the China Insurance Regulatory Commission, which belongs to the law, cross strong insurance sub limits provisions now apply it from the China insurance industry association to the folk autonomous institutions, non-governmental organizations have the legislative power this is one of the Chinese, law of sorrow!

Second,According to the"The Supreme People's Court on the judicial interpretation work",The Supreme People's court "about the compulsory motor vehicle traffic accident liability insurance in the sub limits can break the reply"2012.The people He Zi No.17The answer is not belong to the judicial interpretation no.,The legal basis is not as the courts throughout the country ruling class.
The Supreme People's Court of the people's Republic of China2012.The people He Zi No.17No.The Liaoning Provincial Higher People's court:You in the hospital2012.Liao min He Zi No.1"A number of compensation of damages in road traffic accident disputes, sub limits in the compulsory motor vehicle traffic accident liability insurance in the breakthrough from" has been received, through research, the following reply:According to "the people's Republic of China Road Traffic Safety Law" article seventeenth, "motor vehicle traffic accident liability compulsory insurance regulations" article twenty-third, motor vehicle after a traffic accident, the victim petitioned compulsory insurance of motor vehicle third party liability insurance of the insurance company to go beyond the motor vehicle third party liability compulsory insurance sub limit range of the compensation for losses, the people's court not supported.The Supreme People's Court of the people's Republic of China2012Years5MonthThe 29 day　
1, "the Supreme People's Court on the judicial interpretation work regulations" provisions of article sixth, the form of judicial interpretation is divided into "explanation", "Regulations", "reply" and "decided" four. In the trial work in the specific application of a law or to a case, a class of problems in the application of laws of the judicial interpretation, the "interpretation" of the form. According to the spirit of the legislation on the trial work needs to be standardized, formulate the judicial interpretation, the "Regulations" in the form of. The higher people's court, military court on the application of law in the trial for formulation of judicial interpretation, the "reply" form. The amendment or abolishment of judicial interpretation, the "decision" in the form of.

2, the Supreme Court people a court has no right to make judicial interpretation. "The Supreme People's Court on the judicial interpretation of the provisions" the fourth stipulation, the judicial interpretation of the Supreme People's Court issued, shall be subject to the judicial committee for discussion and the reply by, not by the Supreme People's Court Judicial Committee discussed by.

3, "the Supreme People's Court on the judicial interpretation work regulations" provisions of article thirteenth, the Supreme People's court in the trial department planned to make the reply on the request of the higher people's court, the liberation of the PLA military court, shall timely put forward the proposal, send laboratory review project. Twenty-fifth the provisions of this regulation, judicial interpretations issued by the Supreme People's court announcement form. Judicial interpretation should be in the "gazette" the Supreme People's court and the people's court newspaper "published".

   So,(2012The people he word article)17Answer was No.Violating the provisions of the Supreme People's Court on the "Regulations" the judicial interpretation work expressly, does not belong to the legitimate, effective judicial interpretation.

Third, "road traffic safety law" provisions of the insurance companies should be within the limit of liability to compensate the victim, and does not require the provisions of sub limits, breakdown limit is specified in the "motor vehicle traffic accident liability compulsory insurance regulations". "Road traffic safety law" is the National People's Congress enacted law, belonging to the upper law, while the "motor vehicle traffic accident liability compulsory insurance regulations" is the State Council regulations, belonging to the lower, according to the principles of law, the law is superior to the method, namely, the insurance company to compensate the victim within the limit of liability according to the law should not, according to the partial quota processing.