論交強(qiáng)險的賠付模式
發(fā)布時間：2018-08-10 19:12
【摘要】：我國首個通過國家立法強(qiáng)制實(shí)施的保險制度——機(jī)動車交通事故責(zé)任強(qiáng)制保險制度于2006年7月1日開始施行。交強(qiáng)險制度的施行為交通事故受害人的權(quán)益提供了最基本的保障,推動了我國的道路交通安全建設(shè),是道路交通安全法規(guī)中十分重要的組成部分。但交強(qiáng)險制度作為一個“舶來品”,是我國保險法律領(lǐng)域的一個新生事物,必然會不盡如意。尤其是在司法實(shí)務(wù)中,涉及交強(qiáng)險的交通事故案件案情紛繁復(fù)雜,且隨著我國經(jīng)濟(jì)不斷發(fā)展和國民消費(fèi)性指數(shù)的飆升,交強(qiáng)險的事故分責(zé)兼分項(xiàng)賠付模式已不能適應(yīng)當(dāng)前的社會經(jīng)濟(jì)發(fā)展水平,大量的交通事故損害賠償糾紛案件的賠償最終大部分需要由機(jī)動車商業(yè)第三者責(zé)任險或被保險人自行承擔(dān),無法實(shí)現(xiàn)交強(qiáng)險填補(bǔ)受害人損失及分散降低被保險人賠付風(fēng)險的初衷。在此情形下,部分法院對交強(qiáng)險相關(guān)的法律法規(guī)在適用中進(jìn)行了變通,直接判令交強(qiáng)險承保機(jī)構(gòu)在交強(qiáng)險賠償限額總額中不分項(xiàng)地進(jìn)行賠付,此舉雖能更好地保障事故受害人的利益,但作為司法機(jī)關(guān),在交強(qiáng)險制度未在立法層面上作出了變更的前提下直接變通適用交強(qiáng)險賠付限額的相關(guān)法規(guī),實(shí)為不妥,但從另一側(cè)面亦更反映出當(dāng)前交強(qiáng)險事故分責(zé)兼分項(xiàng)賠付模式在我國司法實(shí)踐中的尷尬境地,部分法院對其變通適用實(shí)屬無奈之舉。因此,要從根本上改變司法機(jī)關(guān)“越位”進(jìn)行法律創(chuàng)制的尷尬局面,就必須在交強(qiáng)險制度的根源即交強(qiáng)險的立法中進(jìn)行與當(dāng)今國情相適應(yīng)的修訂和改進(jìn)。與此同時,交強(qiáng)險制度的改革和完善并不能一蹴而就,它需要一個較為長期的過程,也需要隨著社會經(jīng)濟(jì)環(huán)境的變化而不斷進(jìn)行調(diào)整。筆者通過分析我國交強(qiáng)險當(dāng)前適用的事故分責(zé)兼分項(xiàng)賠付模式存在的不足,并與歐盟、日本等交強(qiáng)險制度較為完善的國家和地區(qū)進(jìn)行比較,結(jié)合筆者在從事司法審判實(shí)務(wù)中對我國交強(qiáng)險賠付模式的體會和思考,提出循序漸進(jìn)式的改革措施,藉以探求我國交強(qiáng)險賠付模式的切實(shí)可行的改革方案。
[Abstract]:China's first compulsory insurance system through national legislation-compulsory insurance system for motor vehicle traffic accident liability-came into effect on July 1, 2006. The implementation of the traffic insurance system provides the most basic protection for the rights and interests of the victims of traffic accidents, promotes the construction of road traffic safety in China, and is a very important part of the road traffic safety laws and regulations. However, as an "import", the traffic insurance system is a new thing in the field of insurance law in our country, which is bound to be unsatisfactory. Especially in the judicial practice, traffic accident cases involving traffic insurance are complicated, and with the development of our economy and the soaring consumption index, The accident split liability and itemized payment model of traffic insurance can no longer adapt to the current level of social and economic development. A large number of cases of traffic accident damage compensation disputes will ultimately need to be covered by motor vehicle commercial third party liability insurance or by the insured on his own. Unable to realize the original intention of making up the victim's loss and reducing the insured's indemnity risk. In this case, some courts have modified the laws and regulations related to traffic insurance in the application, and directly ordered the compulsory insurance institutions to pay compensation without subdivision in the total amount of compensation for traffic compulsory insurance. Although this can better protect the interests of the victims of accidents, as a judicial organ, it is not appropriate to apply directly the relevant laws and regulations on compensation limits for traffic insurance without making any changes in the traffic insurance system at the legislative level. However, from the other side, it also reflects the embarrassing situation of the current liability and itemized compensation mode in China's judicial practice, and some courts are helpless to its adaptation. Therefore, in order to fundamentally change the awkward situation in which the judiciary "offside" creates the law, it is necessary to revise and improve the law in accordance with the current national conditions in the legislation of the traffic compulsory insurance system, which is the root of the traffic insurance system. At the same time, the reform and perfection of the traffic insurance system can not be accomplished overnight. It needs a relatively long process and needs to be adjusted with the changes of the social economic environment. The author analyzes the shortcomings of the accident split liability and itemized compensation model, and compares it with the countries and regions with relatively perfect traffic insurance systems such as the European Union and Japan. Combined with the author's experience and thinking on the pattern of compensation payment for traffic insurance in the judicial practice, the author puts forward the gradual reform measures to explore the feasible reform scheme of the compensation mode of traffic insurance in our country.
【學(xué)位授予單位】：湘潭大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：D922.284
[Abstract]:China's first compulsory insurance system through national legislation-compulsory insurance system for motor vehicle traffic accident liability-came into effect on July 1, 2006. The implementation of the traffic insurance system provides the most basic protection for the rights and interests of the victims of traffic accidents, promotes the construction of road traffic safety in China, and is a very important part of the road traffic safety laws and regulations. However, as an "import", the traffic insurance system is a new thing in the field of insurance law in our country, which is bound to be unsatisfactory. Especially in the judicial practice, traffic accident cases involving traffic insurance are complicated, and with the development of our economy and the soaring consumption index, The accident split liability and itemized payment model of traffic insurance can no longer adapt to the current level of social and economic development. A large number of cases of traffic accident damage compensation disputes will ultimately need to be covered by motor vehicle commercial third party liability insurance or by the insured on his own. Unable to realize the original intention of making up the victim's loss and reducing the insured's indemnity risk. In this case, some courts have modified the laws and regulations related to traffic insurance in the application, and directly ordered the compulsory insurance institutions to pay compensation without subdivision in the total amount of compensation for traffic compulsory insurance. Although this can better protect the interests of the victims of accidents, as a judicial organ, it is not appropriate to apply directly the relevant laws and regulations on compensation limits for traffic insurance without making any changes in the traffic insurance system at the legislative level. However, from the other side, it also reflects the embarrassing situation of the current liability and itemized compensation mode in China's judicial practice, and some courts are helpless to its adaptation. Therefore, in order to fundamentally change the awkward situation in which the judiciary "offside" creates the law, it is necessary to revise and improve the law in accordance with the current national conditions in the legislation of the traffic compulsory insurance system, which is the root of the traffic insurance system. At the same time, the reform and perfection of the traffic insurance system can not be accomplished overnight. It needs a relatively long process and needs to be adjusted with the changes of the social economic environment. The author analyzes the shortcomings of the accident split liability and itemized compensation model, and compares it with the countries and regions with relatively perfect traffic insurance systems such as the European Union and Japan. Combined with the author's experience and thinking on the pattern of compensation payment for traffic insurance in the judicial practice, the author puts forward the gradual reform measures to explore the feasible reform scheme of the compensation mode of traffic insurance in our country.
【學(xué)位授予單位】：湘潭大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：D922.284
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1 李永鈞;“第三者責(zé)任險賠付”爭議[J];上海汽車;2004年10期
2 ;農(nóng)民用不起農(nóng)用車[J];w攣胖蕓，
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