First of all, from the original intention of legislative norms, Article 29 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "A lawsuit brought for infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or where the defendant has his domicile." When the Civil Procedure Law was enacted, there was no liability insurance system. As far as infringement disputes are concerned, no one other than the infringer will be the defendant, only the infringer will be listed as the defendant, and the defendant can only refer to the infringer. Therefore, from the perspective of legislative intent, the scope of "defendant's domicile" in Article 29 obviously does not include insurance companies. Even a few years ago, it was controversial whether an insurance company was a qualified defendant. With the revision of the Insurance Law in 2009, the practice circle gradually recognized the qualification of the insurance company as the litigation subject (theoretically, whether Article 65 of the new Insurance Law can be used as the basis for the victim's claim is still controversial). Although the insurance company is also listed as the defendant, the insurance company is not the executor of the tort and does not belong to the defendant in the tort legal relationship. In motor vehicle traffic accident liability disputes, there is a tort legal relationship between the victim and the injurer, an insurance contract relationship between the injurer and the insurance company, and there is no legal relationship between the victim and the insurance company. The reason why the law allows victims to sue insurance companies at the same time in tort litigation is because compulsory insurance has the nature of public welfare. In order to make the victims get timely treatment, reduce the litigation burden of the parties, and strive for a one-time settlement of contradictions and disputes, the method of handling them together is adopted. This is purely a technical operation of legislation and cannot change the legal relationship among the three parties. Article 29 of the Civil Procedure Law stipulates the tort legal relationship, so the "defendant's domicile" in this article should only refer to the defendant's domicile in the tort legal relationship, excluding the insurance company.
Secondly, from the perspective of interest measurement, according to the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the compensation standard is determined according to the standard of the location of the people's court. If the court where the insurance company is located has jurisdiction, then the standard for the plaintiff to obtain compensation for litigation caused by motor vehicle traffic accident liability disputes will not depend on the economic development level of the defendant's domicile or the place where the accident occurred, nor on the living standard of the plaintiff's domicile, but on the place where the vehicle is insured. Isn't that ridiculous? Although most of the cases are in the same province as the defendant's domicile, and the same standard applies, there is no such problem, but the jurisprudence involved should be consistent, that is, the jurisdiction cannot be determined by the place where the accident vehicle is insured.
Finally, on March 2, 2065438, the Supreme People's Court issued the Interpretation of Several Issues Concerning the Application of Laws in the Trial of Road Traffic Accident Damage Compensation Cases (Draft for Comment), in which the third paragraph of Article 1 stipulates: "Disputes over motor vehicle traffic accident liability shall be under the jurisdiction of the people's court where the infringer acts, the infringer's domicile or the branch of an insurance company that underwrites compulsory motor vehicle third-party liability insurance." However, this article was deleted from the Interpretation on Several Issues Concerning the Application of Laws in the Trial of Road Traffic Accident Damage Compensation Cases, which was officially released and came into effect on February 36, 20 1 2, which is in line with the original intention of the Civil Procedure Law on the jurisdiction of filing infringement cases and should be deleted.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.