Maltsev V. - candidate of legal sciences, associate professor of department «Financial law and taxation» of the Law Institute of the Russian University of transport
Abstract. The article deals with the legal basis of such types of insurance as insurance of vehicles and compulsory insurance of civil liability of vehicle owners in the people's Republic of China. Various factors influencing development of these types of insurance in the country are specified. The system of legal regulation of insurance of vehicles and compulsory insurance of civil liability of car owners is shown, which, first of all, includes the General Law «on insurance» and the rules of the special Provision «on compulsory insurance of liability in road accidents». The provisions of the General law applicable to contracts of insurance of vehicles and civil liability of their owners are studied in detail. At the same time, the norms that do not apply to these types of contracts are also specified. The legal analysis of the rules concerning compulsory liability insurance of vehicle owners is carried out. In particular, the basic rates of the insurance tariff for compulsory liability insurance in respect of different types of vehicles used for both personal and business purposes, as well as the grounds and conditions for lowering and raising the coefficient of the specified tariff are highlighted. Cases of application of the maximum sizes of compensation payments on compulsory insurance of civil liability of owners of vehicles are listed. The specificity of cargo insurance during transportation by different modes of transport is considered. The rights and obligations of the insurer and the policyholder in the performance of the contract of voluntary insurance of vehicles are highlighted. This indicates that the control state of the vehicle insured by the insurer, changes of insurance coverage and insurance premiums, the reimbursement of costs associated with the establishment of the nature and causes of insurance claims. The features of the legal liability of the parties to the contract when they commit violations of the insurance legislation of China are analyzed. Separate powers of the state body on control over insurance activity, and also the bases for attraction to criminal or administrative responsibility of both insurance companies (insurance brokers and insurance agents), and insurers are elucidated.
Keywords: insurance; vehicle insurance; civil liability insurance; insurance contract; basic insurance rate; insurance premiums; insurance value; legal liability.
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