道路交通事故侵权责任与交强险的交互关系研究
发布时间：2018-09-04 12:04
【摘要】：每年我国都要发生大量道路交通事故,在这些道路交通事故中,交强险与侵权责任往往互为表里,共同承担起了保障受害人、维护道路交通安全的功能。道路交通事故发生后,受害人一方面可以在交强险责任限额范围内得到保险公司的赔付,另一方面若交强险责任限额范围内无法弥补受害人的损失,受害人还可以向致害人主张损害赔偿请求权,可谓双重救济。在法律范围内,我国法律在交强险责任限额外对侵权责任的规定较为具体,理论界与实践界对其争议也较小,但交强险责任限额范围内与侵权责任的交互关系方面的规定却存在着疏漏和不足,也致使实践界产生了许多争议,为了解决这些争议,笔者遂决定从交强险与侵权责任的交互关系入手,分析二者在道路交通事故中所起的作用,探究其背后关系产生的原因,从而为解决我国交强险责任限额范围内侵权责任的认定问题提供依据。本文共分为四个部分。第一个部分提出我国法律在交强险责任限额范围内与侵权责任规定的空白,这导致在实践中出现了相关案例,不同法院对于该如何认定这种情况看法不一。第二部分着重介绍产生这种交互关系厘定不清的原因,首先从交强险与侵权责任的一般关系入手,再分析二者在对受害人救济方面的不同之处,最后指出我国法律规定的缺陷之处。第三部分分别介绍韩国、德国、美国三个国家对该问题的处理模式,它们对我国构建交强险与侵权责任交互关系的制度有何借鉴意义。第四部分,笔者对完善我国交强险与侵权责任交互关系制度提出了几点建议,笔者认为在交强险责任限额范围内贯彻无过错责任原则,但在受害人有重大过失时,引入过失相抵原则,或许能较好解决该问题。
[Abstract]:Every year, a large number of road traffic accidents occur in our country. In these road traffic accidents, traffic insurance and tort liability are often in the form of mutual protection of victims and maintenance of road traffic safety function. After a road traffic accident, the victim may, on the one hand, be compensated by the insurance company within the limits of the traffic insurance liability limit, and on the other hand, if the victim's loss cannot be compensated within the scope of the traffic insurance liability limit, The victim can also claim the right to claim damages to the victim, which can be described as double relief. Within the scope of law, the provisions of tort liability outside the limitation of traffic insurance liability in Chinese law are more specific, and the disputes between the theoretical and practical circles are also relatively small. However, there are some omissions and deficiencies in the provisions on the interaction between the liability limits of traffic insurance and tort liability, which also lead to many disputes in practice, in order to resolve these disputes, The author then decided to start with the interaction between traffic insurance and tort liability, analyze their role in road traffic accidents, and explore the reasons behind the relationship. Therefore, it provides the basis for the determination of tort liability within the limits of traffic insurance liability in China. This paper is divided into four parts. The first part points out the gap between the law of our country and the limitation of tort liability, which leads to the emergence of relevant cases in practice. Different courts have different views on how to determine this situation. The second part mainly introduces the reasons for the unclear determination of this kind of interactive relationship. Firstly, it starts with the general relationship between traffic insurance and tort liability, and then analyzes the differences between the two in the relief to the victims. Finally, it points out the defects of our country's laws. The third part introduces the three countries of Korea, Germany and the United States respectively to deal with this problem, they have some reference significance for our country to build the system of the interaction between traffic insurance and tort liability. In the fourth part, the author puts forward some suggestions to perfect the interaction system of traffic insurance and tort liability in our country. The author thinks that the principle of no-fault liability should be carried out within the limits of traffic insurance liability, but when the victim has gross negligence, The introduction of the principle of fault offset may be a better solution to the problem.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.14
本文编号：2222047
[Abstract]:Every year, a large number of road traffic accidents occur in our country. In these road traffic accidents, traffic insurance and tort liability are often in the form of mutual protection of victims and maintenance of road traffic safety function. After a road traffic accident, the victim may, on the one hand, be compensated by the insurance company within the limits of the traffic insurance liability limit, and on the other hand, if the victim's loss cannot be compensated within the scope of the traffic insurance liability limit, The victim can also claim the right to claim damages to the victim, which can be described as double relief. Within the scope of law, the provisions of tort liability outside the limitation of traffic insurance liability in Chinese law are more specific, and the disputes between the theoretical and practical circles are also relatively small. However, there are some omissions and deficiencies in the provisions on the interaction between the liability limits of traffic insurance and tort liability, which also lead to many disputes in practice, in order to resolve these disputes, The author then decided to start with the interaction between traffic insurance and tort liability, analyze their role in road traffic accidents, and explore the reasons behind the relationship. Therefore, it provides the basis for the determination of tort liability within the limits of traffic insurance liability in China. This paper is divided into four parts. The first part points out the gap between the law of our country and the limitation of tort liability, which leads to the emergence of relevant cases in practice. Different courts have different views on how to determine this situation. The second part mainly introduces the reasons for the unclear determination of this kind of interactive relationship. Firstly, it starts with the general relationship between traffic insurance and tort liability, and then analyzes the differences between the two in the relief to the victims. Finally, it points out the defects of our country's laws. The third part introduces the three countries of Korea, Germany and the United States respectively to deal with this problem, they have some reference significance for our country to build the system of the interaction between traffic insurance and tort liability. In the fourth part, the author puts forward some suggestions to perfect the interaction system of traffic insurance and tort liability in our country. The author thinks that the principle of no-fault liability should be carried out within the limits of traffic insurance liability, but when the victim has gross negligence, The introduction of the principle of fault offset may be a better solution to the problem.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.14
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