Motor vehicle traffic accident liability compulsory insurance system need to be improved

                        (this article at the beginning of 2009, was the Ministry of Public Security Traffic Management Bureau)

   "Motor vehicle traffic accident liability compulsory insurance regulations" since July 1, 2006 implementation, motor vehicle traffic accident caused personal injury or property loss of third people, have a statutory insurance guarantee. Especially from February 1, 2008 onwards the implementation of the new quota compensation, the insured motor vehicle has the responsibility in the road traffic accident death, disability compensation limit increased from 50000 yuan to 110000 yuan; limit compensation for medical expenses increased from 8000 yuan to 10000 yuan;After the insured motor vehicle has no liability in road traffic accident death, disability compensation limit increased from 10000 yuan to 11000 yuan, to guarantee the traffic accident victim's legitimate rights, maintain social stability, building a harmonious society, all has the vital significance. However, due to road traffic accidents, many different shapes, motor vehicle traffic accident liability compulsory insurance (hereinafter referred to as the compulsory traffic accident damage) can only guarantee the consequences of not too serious, security capacity is extremely limited. If once a traffic accident occurs if the consequences are serious, compulsory insurance is an utterly inadequate measure, most compensation problems are difficult to solve; if the vehicle, the insured person is hurt, cross strong insurance will be more in name than in reality, does not work. So, the risk of strong social security function also cannot truly reflect the.
    One, pay strong risk compensation scope is too narrow, is not conducive to social security
    Motor vehicle traffic accident liability compulsory insurance, as the name suggests, should be the motor vehicle traffic accident responsibility person liable for the accident, in the traffic accident, legal insurance can compensate for the victims in the insurance indemnity. However, the existing compulsory insurance shall be limited to the insured vehicle, the third party other than the subject human casualties, property damage compensation, the driver of a car, travel per capita excluded, (actually the insurance third party liability legal) traffic accident responsibility itself should have served as the basic function of security called a discount. After the traffic accident, the driver, passengers are meet the eye everywhere damage case, such cases are too numerous to mention. Because our country has not yet established a comprehensive social security system, such traffic accident injury group, it is difficult to get effective relief and security, often become social problems, once these extremely difficult for vulnerable groups feel helpless, it will evolve into the factors affecting social stability. Cross strong insurance compensation scope is too narrow, is not conducive to social security.
    Two, cross strong insurance compensation limit is too low, is not conducive to social security
    The traffic accident death, disability compensation limit from 50000 yuan to 110000 yuan, limited compensation for medical expenses increased from 8000 yuan to 10000 yuan;The insured motor vehicle has no liability in road traffic accident death and disability compensation for increased from 10000 yuan to 11000 yuan, the accident caused the death of the victim, disability, than in the past has been more security, but the compensation limit is still low, the social security function is still affected by the. According to "the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case explanation" the relevant provisions, the traffic accident death, disability compensation for 20 years, but also distinguish between urban and rural areas of two populations of the actual standard of living as a compensation basis. In Sichuan Province as an example, the 2008 year, the per capita net income of rural residents3547 yuan, per capita disposable income of urban residents is 11098 yuan. If the traffic accident death, disability compensation for rural residents, 3547 yuan x 20 years =70940 yuan, cross strong insurance can play a security role; if the traffic accident death, disability compensation for urban residents, 11098 yuan X20 years =221960 yuan, higher than the cross strong insurance indemnity doubled. The above calculation does not include other expenses, accident treatment, guarantee insurance is very limited. With the development of economy, the annual compensation standards will increase, coupled with the low compensation standard problem of rural residents, the social from all walks of life require victims to equal life compensation louder and louder, several proposals to solve the problem of the National People's Congress, has attracted the attention of the Supreme People's court. Can be expected, the traffic accident victims to solve equal life compensation problem, time will not be too far away. Once the introduction of urban, rural residents of a standard of compensation, compulsory insurance will face more, bigger problem. In fact, cross strong insurance from be born with incompetent should have the basic function of security. The vehicle in accordance with the law to buy insurance to pay strong at the same time, also need to buy commercial insurance, the insurance to pay strong limit of indemnity is insufficient, usually solved by commercial insurance. Most traffic accidents are the commercial insurance can be handled properly. Commercial insurance is voluntary insurance, did not participate in the commercial insurance or commercial insurance and insurance of vehicle, only rely on the cross strong insurance, it is difficult to effectively safeguard the legitimate rights and interests of victims in traffic accidents, therefore, cross strong insurance not essential in an awkward position, remarkable. This is only the consequences of not serious traffic accident, if there are casualties or major property damage accident, cross strong insurance can play a role of social security, as one can imagine. Therefore, the masses of the people reflect: cross strong insurance premium is too high, the low limit of indemnity.
    Three, cross strong insurance clause is misinterpreted abuse, is not conducive to social security
    In addition to the drawbacks of the cross strong insurance compensation scope is too narrow, the compensation limit is too low, the compensation clause is misinterpreted abuse, is not conducive to social security.
    "The provisions of article twenty-second of motor vehicle traffic accident liability compulsory insurance regulations": any of the following circumstances, the insurance company compulsory insurance liability limit range pays rescue expenses in motor vehicle traffic accident responsibility, and shall have the right to recover the injurer:
    (a) did not obtain a driver's driving qualifications or drunk;
    (two) the insured motor vehicle theft and robbery of the period;
    (three) the insured deliberately causes a traffic accident.
    One of the circumstances listed in the preceding paragraph, the occurrence of road traffic accidents, causing loss to the property of the victim, the insurance company does not assume liability to pay compensation.
    Here, the law does not accept the victim to the listed three cases of rescue expenses paid in advance, compensation and insurance company property damage compensation, so clear. However, in the course of execution, the insurance companies often do not pay the rescue expenses, and not only for the traffic accident loss to the property of the victim shall not bear the responsibility for compensation, to the death, disability compensation are the exclusions, leading to the victim's legitimate rights and interests are not guaranteed. Needless to say, this three kinds of situations which are prohibited by law, it is not for the society, the law should be made strict rules is completely. However, for the victim, pays rescue expenses, disability compensation is death provisions of laws on social security, they should enjoy the rights and interests. The insurance company is not a spirit of understanding the legal provisions of the abuse, but deliberately misinterpretation, the excluding clauses, in order to not lose or less pay purposes. In real life, the insurance company for the statutory obligations pad support rescue costs usually take no notice of the attitude, commercial insurance exclusions are quite common, cross strong insurance exclusions are also a few. Therefore, the real beneficiaries of the traffic accident compulsory insurance system is the insurance company is the most widely circulated in the traffic participants.
    The author thinks, cross strong insurance is the legal insurance, its legislative purpose is to build the road traffic system of social security, protection of motor vehicle road traffic accident victims to receive compensation, promote road traffic safety, there is no need to provide compensation for exclusion clause. The current exception provisions of the victim's property loss insurance company shall not compensate, the surface, is on the violators of the economic sanctions, in fact is to protect the interests of insurance companies, damage to the traffic accident parties, the rights of the victims, and obviously runs counter to the purpose of legislation, questionable.
    Four, improve the idea of compulsory insurance system
    (a) to improve the traffic insurance compensation limit
    To improve the insurance compensation limit high limit traffic accident injury compensation, namely the compensation level of urban residents, they can basically guarantee the legitimate rights and interests of the vast majority of the victims in traffic accidents, can guarantee the person responsible for the traffic accident in the absence of commercial insurance in case of compensation capacity. To improve the traffic insurance compensation limit cost issues involved, the insurance company but, compares the cross strong insurance premiums and compensation limit standard and the third party liability insurance premiums and compensation limits, found cross strong insurance and commercial insurance premium gap is not large, but the limit of indemnity is a far cry from the (now Sichuan, cross strong insurance insurance and commercial three party insurance premium was 1000 yuan, while the commercial three party insurance liability limit standard for 200000). The insurance company of business of insurance is for the purpose of profit, loss of the sale is not doing it, commercial insurance and pay insurance premiums are consistent, the compensation standard is different, this shows that: in the cross strong insurance compensation limit was increased to and commercial insurance compensation limit level approximately same, the insurance company will not cost have too big change, the current cross strong insurance compensation limit although than in the past has been improved, so, now cross strong insurance compensation limit also exists to improve space? The answer is in the affirmative! In other words, at present, the insurance company has a lot of profit in cross strong insurance, this is a violation of the "law principle of motor vehicle traffic accident liability compulsory insurance Ordinance" cross strong insurance generally no profit no loss of. So, I think, in the maintenance of existing premium unchanged or slightly increased under the premise, to improve the insurance compensation limit high limit traffic accident injury, death compensation to the compensation standard, namely the urban residents, is feasible.
    (two) expand the traffic insurance compensation
    Obviously, the current cross strong insurance shall be limited to the insured vehicle, the third party other than the subject human casualties, property loss compensation, compensation scope is narrow. Then, make strong insurance compensation should how to set the appropriate? The author thinks, cross strong insurance compensation settings, the following measures should be considered:
    1, can basically guarantee responsibility of road traffic accidents caused by traffic accident, third and passengers (excluding vehicles) and other casualties or property damage compensation. Namely, cross strong insurance compensation, in addition to the perpetrators personally, other victims should be compensated. Basic security here, of course, is that the vast majority of the traffic accident victims can cross strong insurance compensation is guaranteed, without the commercial insurance can be purchased additionally protected.
    2, of the vehicle and vehicle, bus and organs units manned vehicle, the compulsory purchase of each block is not lower than the cross strong insurance compensation limit passenger insurance as a supplement, cross strong insurance, in order to protect the legitimate rights and interests of passengers. At present, the carrier vehicle is the enterprise according to their own circumstances choose to buy a 50000 to 500000 commercial passenger insurance. Other manned vehicle advocate in cross strong insurance indemnity, voluntary purchase passenger insurance.
    (three) the insurance company shall be liable for not complying with the provisions to pay legal responsibility to save the cost of
    "The people's Republic of China Road Traffic Safety Law" stipulates that the ninetieth:The insured motor vehicle third party liability compulsory insurance of motor vehicle traffic accidents, due to the need to rescue the injured to the insurance company to pay the rescue expenses, the traffic control department of the public security organs inform insurance company. In actual work, the traffic control department of the public security organ shall notify the insurance company to pay the rescue expenses, most insurance companies are not in accordance with the law to fulfill legal obligations, not ignore is with all kinds of excuses prevarication, the basic cost by the parties involved in the accident rescue negotiation pad support, the parties have no ability to pay, will inevitably affect the rescue. Because the law does not have the corresponding sanctions for violations of the insurance companies, which is why the insurance company to flout the law, ignoring the safety of life. Obviously, the law should be legal responsibility with insurance companies don't fulfill the statutory obligations, to punish such illegal.
    Conclusion: motor vehicle traffic accident liability compulsory insurance system, is an important part of the social security system in our country, although the introduction of a short time, has begun to take the social security function. As long as we keep pace with the times, in practice the unremitting exploration, constantly sum up, continuous improvement, through the revision of the relevant provisions of the law, will be able to establish with China characteristics of the motor vehicle traffic accident liability insurance system.