论交强险的赔付模式
发布时间：2018-08-10 19:12
【摘要】：我国首个通过国家立法强制实施的保险制度——机动车交通事故责任强制保险制度于2006年7月1日开始施行。交强险制度的施行为交通事故受害人的权益提供了最基本的保障,推动了我国的道路交通安全建设,是道路交通安全法规中十分重要的组成部分。但交强险制度作为一个“舶来品”,是我国保险法律领域的一个新生事物,必然会不尽如意。尤其是在司法实务中,涉及交强险的交通事故案件案情纷繁复杂,且随着我国经济不断发展和国民消费性指数的飙升,交强险的事故分责兼分项赔付模式已不能适应当前的社会经济发展水平,大量的交通事故损害赔偿纠纷案件的赔偿最终大部分需要由机动车商业第三者责任险或被保险人自行承担,无法实现交强险填补受害人损失及分散降低被保险人赔付风险的初衷。在此情形下,部分法院对交强险相关的法律法规在适用中进行了变通,直接判令交强险承保机构在交强险赔偿限额总额中不分项地进行赔付,此举虽能更好地保障事故受害人的利益,但作为司法机关,在交强险制度未在立法层面上作出了变更的前提下直接变通适用交强险赔付限额的相关法规,实为不妥,但从另一侧面亦更反映出当前交强险事故分责兼分项赔付模式在我国司法实践中的尴尬境地,部分法院对其变通适用实属无奈之举。因此,要从根本上改变司法机关“越位”进行法律创制的尴尬局面,就必须在交强险制度的根源即交强险的立法中进行与当今国情相适应的修订和改进。与此同时,交强险制度的改革和完善并不能一蹴而就,它需要一个较为长期的过程,也需要随着社会经济环境的变化而不断进行调整。笔者通过分析我国交强险当前适用的事故分责兼分项赔付模式存在的不足,并与欧盟、日本等交强险制度较为完善的国家和地区进行比较,结合笔者在从事司法审判实务中对我国交强险赔付模式的体会和思考,提出循序渐进式的改革措施,藉以探求我国交强险赔付模式的切实可行的改革方案。
[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.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：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.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.284
【相似文献】
相关期刊论文 前10条
1 李永钧;“第三者责任险赔付”争议[J];上海汽车;2004年10期
2 ;农民用不起农用车[J];w挛胖芸，
本文编号：2175933
本文链接：https://www.wllwen.com/falvlunwen/jingjifalunwen/2175933.html
