Discussion on the Applicable Condition of Direct Claim of Compulsory Liability Insurance——From the Perspective of Second Provision of 65th Item of Insurance Law

Law of Mainland of China(next said Mainland)has been amended in 2009,the direct claim right of the third party(next said the third victim)of liability insurance claim can be added to the insurance company directly.But it should be applied to the conditions that the insured's liability has been determined already,and the claim must be requested negligently by the insured.However,the Direct Claim of Compulsory Liability Insurance belongs to a legal insurance,which plays an important role in guaranteeing social public welfare,balancing social justice,and protecting the interests of the third victim.Under such circumstances,how to define the legal insurance's applicable conditions is a question.In view of this,we should first make an analysis on the goals of establishing the compulsory liability insurance system,and then describe the relative legal theories regarding to constructing the direct claim for the victim about compulsory liability insurance,and finally examine the difficulties when the third victim enforce the rights according to the present liability insurance regulations.Therefore,it concludes that direct claim right of third victim of compulsory liability insurance should be coexistent with the insured,and with no additional conditions.