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ZHAO, PENG-JU(조평주),ZANG ZHEN(장전) 동아대학교 법학연구소 2023 國際去來와 法 Vol.- No.40
The popularity of automobiles has led to frequent traffic accidents, and the defects of the traditional automobile liability insurance have become increasingly apparent. The victims burden of proof in a traffic accident makes it hard for the victim to obtain relief in time. Consequently, the no-fault insurance movement began in the United States in the 1960s and 1970s. American scholars hoped that in the field of automobile insurance, like workers’ insurance, third-party insurance can be replaced by first-party insurance, making the traditional automobile liability insurance get rid of the shackles of tort liability. Yet, things backfired. The no-fault movement finally went nowhere under the opposition from various forces. Not only did it fail to be widely implemented in the United States, but the goal of making victims receive timely and effective relief to reduce lawsuits was not fully realized. But it cannot be denied that the no-fault movement still has a huge impact on the field of automobile liability insurance. The current circumstance of Chinas compulsory traffic insurance is highly similar to that of the United States in the 1960s and 1970s, and the existing compulsory traffic insurance system is also inspired by no-fault insurance to a certain extent. However, owing to the lack of recognition of the difference between no-fault insurance and no-fault liability, the legislative model of China’s compulsory traffic insurance is not no-fault insurance and is significantly different from traditional automobile liability insurance, forming a unique mixed legislative system. This model directly results in the confusion of the legal system of Chinas compulsory traffic insurance. Besides, because there are many problems in the scope of victim protection and the sub-item limit of liability in Chinas compulsory traffic insurance, the revision of Chinas compulsory traffic insurance is imperative. In this regard, the author holds that by reflecting on the no-fault insurance movement in the United States, the future reforms of Chinas compulsory traffic insurance should take “compulsory” as its core and strict liability its basis to build a legal system of compulsory traffic insurance that is in line with Chinas own reality. What’s more, in order to effectively protect victims and address the problems brought about by self-driving vehicles, China’s compulsory traffic insurance should also expand its protection objects, change the accident sub-item limit to the victim general limit system, and improve the system of the victim’s direct claim right.
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