2014•Journal of Henan Judicial Police Vocational CollegeRequires access

Barrier Analysis of Compensation without Liability Principle in the System of Traffic Compulsory Insurance

Sun Jia-we

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Abstract

Traffic compulsory insurance is a liability insurance which used to be run in the commercial ways typically.But the rule of Compensation without Negligence based on Principle of Liability Without Fault would result in lots of operational barriers in its theory and practice,once combined with the institutional design of compensation without liability,in the background of excessive insurance public-good benefits thoughts.It appears to breach the fundamental concepts of this insurance and theDoctrine of Privitiesin civil law theories.In the respect of its operation,this rule would not be compatible to current social security system whose compensation mechanism is not wholesome,while the rights and liabilities are not explicit.

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What this paper is about

Traffic compulsory insurance is a liability insurance which used to be run in the commercial ways typically.But the rule of Compensation without Negligence based on Principle of Liability Without Fault would result in lots of operational barriers in its theory and practice,once combined with the institutional design of compensation without liability,in the background of excessive insurance public-good benefits thoughts.It appears to breach the fundamental concepts of this insurance and theDoctrine of Privitiesin civil law theories.In the respect of its operation,this rule would not be compatible to current social security system whose compensation mechanism is not wholesome,while the rights and liabilities are not explicit.

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Available abstract

Traffic compulsory insurance is a liability insurance which used to be run in the commercial ways typically.But the rule of Compensation without Negligence based on Principle of Liability Without Fault would result in lots of operational barriers in its theory and practice,once combined with the institutional design of compensation without liability,in the background of excessive insurance public-good benefits thoughts.It appears to breach the fundamental concepts of this insurance and theDoctrine of Privitiesin civil law theories.In the respect of its operation,this rule would not be compatible to current social security system whose compensation mechanism is not wholesome,while the rights and liabilities are not explicit.

Key concepts: Compensation (psychology), Liability insurance, Liability, Business, Actuarial science, Casualty insurance, Legal liability, Insurance policy

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