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In order to ensure that the victims of motor vehicle road traffic accidents get compensation according to law and promote road traffic safety, China has implemented compulsory motor vehicle traffic accident liability insurance since July 1 2006, based on the principles of compulsory, wide coverage and public welfare. Compulsory insurance is the first compulsory insurance system implemented by national laws in China. Since the implementation, there are many defects in the system design and the corresponding measures are not in place, which leads to many problems in the implementation of compulsory insurance. This paper first analyzes the main problems existing in the implementation of compulsory insurance, and then puts forward the corresponding countermeasures to improve compulsory insurance.

Paper Keywords: compulsory insurance, problems, countermeasures

I. Introduction

On July 1 2006, China officially implemented the compulsory insurance system for motor vehicle traffic accident liability (hereinafter referred to as "compulsory insurance"), which is the first compulsory insurance system implemented by national laws in China. Compulsory traffic insurance refers to the compulsory liability insurance in which the insurance company compensates the victims (excluding the passengers and the insured) caused by the road traffic accident of the insured motor vehicle within the liability limit. The primary goal of carrying out compulsory insurance system is to improve the coverage of motor vehicle third-party liability insurance by means of national law enforcement, and to provide timely and basic protection for traffic accident victims to the greatest extent, so as to better protect the rights and interests of vulnerable groups. It can be seen that compulsory insurance is a special insurance to provide protection for social vulnerable groups. As the first statutory compulsory liability insurance in China, its humanitarian stance and institutional value of protecting the interests of vulnerable participants in traffic accidents are beyond doubt. Since the implementation of compulsory insurance for two years, it has also played a great role in safeguarding people's lives and property safety, ensuring road traffic safety and maintaining social stability, giving full play to the social management function of insurance. However, there are many problems in the implementation of compulsory insurance. Through practice, the author understands that insurers are increasingly involved in civil and criminal relations caused by traffic accident disputes. Based on the cases of compulsory insurance disputes seen in practice, this paper first analyzes the problems existing in the implementation of compulsory insurance in China, and then puts forward some suggestions to improve compulsory insurance.

Two, the results of the implementation of the compulsory insurance system prove that one profit and four losses.

The implementation of compulsory insurance system will have a great impact on relevant subjects. After more than two years of implementation, only insurance companies can benefit from compulsory insurance, but the implementation of compulsory insurance cannot produce the same effect on other subjects. Even insurance companies that operate compulsory insurance have not benefited.

(Summarize the victims' problems.

China's compulsory insurance is based on the liability limit system of each accident, and the low liability limit of death and disability can not make the victims get timely compensation. For each quota item, the degree of protection for victims is further reduced. Because compulsory insurance is aimed at every traffic accident, not every victim in the accident, in traffic accidents with many people and many cars, all victims share the liability limit, which further reduces the degree of protection for victims. The system design of compulsory insurance in China is supplemented by the insured's purchase of commercial third-party insurance, but many car owners or drivers, on the one hand, lack risk awareness, on the other hand, have no financial ability to purchase commercial third-party insurance, which leads to the victims' inability to fully compensate when traffic accidents occur.

(2) Overview of the insured's problems

The insured generally reflects that the premium of compulsory insurance is too high compared with the protection provided by compulsory insurance, that is, the owner or driver bears higher premium and gets lower protection, and the risk of the insured has not been completely transferred. Judging from the implementation of compulsory insurance, a serious problem caused by the low limit of compulsory insurance at present is who will bear the difference between the actual claim amount of the victim and the limit of compulsory insurance? High-income people have economic compensation ability and high risk awareness, and generally transfer risks by buying commercial three-way insurance, while low-income people, such as motorcycle and used car owners, have low economic compensation ability and need to buy commercial three-way insurance to transfer risks. However, due to their low risk awareness and inability to bear high premiums, the proportion of these people buying commercial three-way insurance is not high, and once a traffic accident occurs, the victims may not get compensation.

(3) An overview of the problems existing in the insurance regulatory agencies

The "Regulations on Compulsory Traffic Insurance" determines the mode of determining the premium rate and the independent accounting mode of compulsory traffic insurance business, and the CIRC mainly supervises these two aspects. The CIRC stipulates that the handling fee for insurance companies to pay compulsory insurance to agents shall not exceed 4%, but it is difficult for the CIRC to distinguish the operating expenses of insurance companies, because insurance companies do compulsory insurance with their left hands and commercial auto insurance with their right hands. This determines that the insurance regulatory authorities need to invest a lot of energy to determine the rate, and whether the operating costs and benefits of compulsory insurance business are confused with other insurance businesses. The supervision of the CIRC is tired, but the effect is not good.

(D) Overview of the problems of insurance companies

Insurance companies can benefit from the operation of compulsory insurance. If the insurance company can obtain cash flow and ensure the smooth operation of the capital chain, it can attract customers who take out compulsory insurance to continue to take out commercial third-party insurance or other auto insurance in their own companies, expand market share and make profits. The principle of neither profit nor loss makes insurance companies less motivated and have no incentive to innovate. Operating compulsory insurance requires insurance companies to update their computer systems and conduct separate financial accounting, which will cost a lot. At the same time, the insurance companies are also facing some problems, such as the harsh legal environment for operating compulsory insurance, the arbitrary expansion of insurance liability by the court, and the increased risk of insurance companies operating three major types of insurance.

(v) Overview of court issues

The main problem facing the court is that there are many cases of compulsory insurance litigation and it is difficult to execute the judgment. Most courts protect the interests of victims and reduce the immunity of insurance companies. In actual judgments, many courts also awarded litigation costs, taxi drivers' contracting fees, lost time and other indirect costs, as well as victim disability appraisal fees to insurance companies. The "Compulsory Traffic Insurance Regulations" stipulates four situations in which insurance companies pay in advance, but in actual judgments, many courts also award the losses caused by traffic accidents to insurers in four situations. However, according to the provisions of compulsory insurance, the insurer is unwilling to bear the above expenses, which on the one hand makes it difficult for the court to execute the judgment, on the other hand, it also aggravates the dissatisfaction of the insurance company with compulsory insurance. Limited by the owner's compensation ability, many times the victim's damage can't be compensated because the offender's economic compensation ability is insufficient or the offender is unwilling to make economic compensation when he is punished, which is not conducive to social stability and the execution of court decisions.

Three, improve the compulsory insurance countermeasures and suggestions

(A) to expand the scope of victims

The coverage of compulsory motor vehicle insurance in China is the personal injury and property loss of victims except passengers and insured in road traffic accidents caused by insured motor vehicles, excluding passengers' injuries. Theoretically speaking, compulsory motor vehicle third party liability insurance is specially set up to protect the interests of traffic accident victims, and its key point is to ensure that victims can get timely and effective compensation. In court decisions, many courts also regard passengers on the bus or people getting on or off the bus as a third person. Therefore, the author thinks that the scope of victims should be expanded to include the passengers of the vehicle, which can better transfer the risks of the owner or driver, improve their compensation ability and protect the victims.

(2) Increase the compensation limit for personal injury and death.

A substantial increase in the limit of liability for personal injury and death can achieve the most adequate relief for personal injury and death, which is in line with the legislative purpose of the Regulations on Compulsory Traffic Insurance and the current people-oriented national policy and legal concept. Although China's compulsory insurance has increased the liability limit of personal injury compensation from 60,000 yuan to 6,543.8+0.2 million yuan, according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, the amount of death compensation is around 400,000, and the medical expenses have also increased rapidly. Therefore, there is still much room for improvement in the liability limit of personal injury compensation in China. Moreover, China's liability limit for compulsory insurance is item by item, with death limit 1 10000 and medical expenses limit 10000, which reduces the degree of protection. Moreover, the liability limit is the compensation limit for all victims in each accident. If the accident involves multiple victims, the victims have to share the already low limit, which makes the compensation for the victims even lower. Therefore, the author thinks that the personal injury compensation limit should be further increased or the item-by-item limit system should be abolished.

(3) stipulate that the victim has the right to claim directly from the insurance company.

At present, all developed countries and regions except Britain generally give victims the right to claim directly from insurance companies. China's compulsory traffic insurance should learn from foreign practices, and it is clearly stipulated in the Regulations on Compulsory Liability Insurance for Motor Vehicle Traffic Accidents that the victim has the right to claim directly from the insurer, which can simplify the legal relationship, save litigation costs, strengthen the rights of the victim and protect their rights and interests. If the victim can't directly ask the insurer to pay compensation, he only asks the insured to compensate for the loss, and then asks the insurer to pay the insurance money after the insured makes compensation.

In this case, it takes a long time for the victim to claim compensation, which is often deliberately evaded by the insured. Especially when the insured is sentenced to prison, even if he has the ability to compensate, he is unwilling to bear the economic responsibility for compensation, which is extremely unfavorable to the victim and is not conducive to the original intention of compulsory insurance. In the case of individual claims disputes in traffic accidents, most insurers are co-defendants rather than third parties. It can be seen that the court recognizes the victim's right to claim compensation directly from the insurer. In order to avoid the insurer's dissatisfaction, it is beneficial to directly stipulate the victim's right to claim compensation from the insurance company in the compulsory insurance regulations.

Liberalization of tariff determination.

Compulsory insurance in China is a non-profit and non-loss rate-setting model. Practice shows that the insurance premium can only be maintained at a high level without lowering the compulsory insurance premium rate, which means that the insured will increase the insurance premium (if the insurance liability is reduced, the insurance premium will be higher), and the victims (especially those in personal injury accidents) will not be fully protected by compulsory insurance, which means that the insurance company has no profit to distribute and the insurance supervision department is weak. Therefore, it is necessary to revise the rate setting model of compulsory insurance. The author suggests that free competition mechanism can be introduced to determine the rate of compulsory insurance in Britain, and the rate can be rationalized through competition. Competitive insurance rate can not only reduce the insurance rate and the burden of the insured, but also can not reduce the degree of protection for traffic accident victims because of the mandatory provisions of the law, and insurance companies can also obtain reasonable operating profits. At the same time, insurance regulators will also avoid getting tired of the supervision of insurance premiums.

(5) Improve relevant laws to ensure the smooth implementation of compulsory insurance.

Due to the unclear application of the law, different interests of all parties and different understandings of the terms, there are many disputes over the implementation of compulsory insurance. If the insurance company thinks that the compensation court decides not to compensate; The company believes that the company should refuse to pay compensation and the court decides to pay compensation; 1. Compensation or no compensation in the trial, and the judgment was changed in the second instance; Different courts have made different judgments on similar situations (there are great differences between courts in appraisal fees and taxi sharing); The court awarded compensation exceeding the limit (regardless of the limit of compulsory insurance and compensation for each accident) and so on. The inconsistency of court decisions is extremely unreasonable to both the insurer and the parties to the accident. In some judgments, the court held that the legal rank of the road traffic law is higher than that of the compulsory insurance regulations, and the current law does not clearly stipulate the applicable rules of the two, so the road traffic law is given priority. However, the author believes that the promulgation of the regulations and provisions of compulsory insurance is later than the Road Traffic Law, which is a perfection of China's legislative system and the provisions are more comprehensive, detailed and professional. Therefore, it is urgent for China to enact relevant laws, improve relevant laws on compulsory insurance, and clarify the applicable rules of Road Traffic Law and Compulsory Insurance Regulations. The insurance industry should try to communicate with the judicial department and reach a consensus on some vague issues in the compulsory insurance clauses (whether to apply advance payment and recovery) in order to maintain the clarity and consistency of the implementation of compulsory insurance.

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