交强险中“第三者直接请求权”问题研究
发布时间：2019-03-11 19:29
【摘要】：机动车强制责任保险（以下简称“交强险”）是一种以被保险人对交通事故中的受害第三者应当承担的侵权损害赔偿责任为保险标的的强制性的责任保险。建立交强险制度的主要目的是为了更好地保护交通事故中受害第三者的合法权益，为实现这一目的，目前世界上许多国家和地区都建立了交强险制度并在法律上赋予受害第三者直接请求权。尽管我国也建立了交强险制度，但是，由于我国的交强险法律制度中没有赋予受害第三者直接请求权，因此实践中，交通事故中受害第三者的权益难以获得有力保障。 笔者在本文中首先对我国目前的交通事故现状及因交通事故而受害的第三者索赔难的系列问题作了分析，笔者认为，，目前交通事故中的受害第三者遭遇索赔难的一个重要原因在于我国交强险法律制度中没有赋予受害第三者直接请求权。接着，笔者对交强险中的第三者直接请求权的概念、特征、法理基础等系列问题进行了阐述和梳理。随后，笔者对我国的交强险制度现状与其他国家和地区的相关制度进行介绍并作了对比分析，同时，笔者还通过对一些实际案例进行分析并指出了我国交强险制度存在的一些弊端，进而得出我国交强险中确有建立第三者直接请求权制度的必要性。最后，本文结合我国国情，对完善我国交强险制度中的第三者请求权问题提出了一些自己的意见和建议。
[Abstract]:Motor vehicle compulsory liability insurance (hereinafter referred to as "compulsory insurance") is a kind of compulsory liability insurance, which takes the liability of the insured to the third party who is the victim of the traffic accident as the subject matter of the insurance. The main purpose of establishing a strong insurance system is to better protect the legitimate rights and interests of third parties who are victims of traffic accidents and to achieve this goal, At present, many countries and regions in the world have established the compulsory insurance system and granted the right of direct claim to the injured third party in law. Although our country has also established the system of compulsory insurance, it is difficult to guarantee the rights and interests of the injured third party in practice because of the fact that the legal system does not give the third party the right to claim directly. In this paper, the author firstly analyzes the present situation of traffic accidents in our country and the series of problems of the third party's claims which are injured by the traffic accidents, and the author thinks that the current situation of the traffic accidents in our country is very difficult. At present, one of the important reasons for the third party suffering from traffic accident is that the injured third party has not been given the right to claim directly in our legal system. Then, the author expounds and combs the concept, characteristics and legal basis of the third party's direct claim. Then, the author introduces and makes a comparative analysis of the current situation of China's exchange insurance system and the relevant systems of other countries and regions, and at the same time, The author also analyzes some practical cases and points out some disadvantages of the system of foreign exchange insurance in our country, and then draws the conclusion that it is necessary to establish the system of direct claim of the third party in our country. Finally, according to the national conditions of our country, this paper puts forward some opinions and suggestions on how to perfect the third party's claim right in our country's compulsory insurance system.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14
本文编号：2438557
[Abstract]:Motor vehicle compulsory liability insurance (hereinafter referred to as "compulsory insurance") is a kind of compulsory liability insurance, which takes the liability of the insured to the third party who is the victim of the traffic accident as the subject matter of the insurance. The main purpose of establishing a strong insurance system is to better protect the legitimate rights and interests of third parties who are victims of traffic accidents and to achieve this goal, At present, many countries and regions in the world have established the compulsory insurance system and granted the right of direct claim to the injured third party in law. Although our country has also established the system of compulsory insurance, it is difficult to guarantee the rights and interests of the injured third party in practice because of the fact that the legal system does not give the third party the right to claim directly. In this paper, the author firstly analyzes the present situation of traffic accidents in our country and the series of problems of the third party's claims which are injured by the traffic accidents, and the author thinks that the current situation of the traffic accidents in our country is very difficult. At present, one of the important reasons for the third party suffering from traffic accident is that the injured third party has not been given the right to claim directly in our legal system. Then, the author expounds and combs the concept, characteristics and legal basis of the third party's direct claim. Then, the author introduces and makes a comparative analysis of the current situation of China's exchange insurance system and the relevant systems of other countries and regions, and at the same time, The author also analyzes some practical cases and points out some disadvantages of the system of foreign exchange insurance in our country, and then draws the conclusion that it is necessary to establish the system of direct claim of the third party in our country. Finally, according to the national conditions of our country, this paper puts forward some opinions and suggestions on how to perfect the third party's claim right in our country's compulsory insurance system.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14
【参考文献】
相关博士学位论文 前1条
1 解可;机动车强制责任保险法律制度研究[D];吉林大学;2010年
本文编号：2438557
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