交通肇事逃逸交强险责任分析

发布时间：2018-05-02 14:43

本文选题：交通肇事逃逸 + 交强险责任　；参考：《黑龙江大学》2015年硕士论文

【摘要】：当前我国已经通过法律规定上路行驶的机动车必须投保交强险,并且出台了一系列法律法规和司法解释对于交强险的适用进行了规定。但是对于投保交强险的机动车交通肇事后逃逸的情形交强险责任应该如何界定,法学理论界和司法实务界一直存在争议。既有人认为此种情形下,保险公司应该进行赔付;也有人认为保险公司应该进行垫付;还有的人认为应该由道路救助基金救助。之所以对于这一问题莫衷一是是因为我国现行的法律法规对于此类情况的规定较多且并不明确,甚至不同规定之间存在冲突,导致了适用法律时的不统一。法律适用的不统一不仅使得交强险不能够对受害人及时进行救助,也使得其社会保障功能被弱化。本文通过引用司法实务界在交强险理赔过程中具有代表性的实践案例,对我国交强险的赔付责任和垫付责任进行明确区分,引出了辅助交强险发挥作用的社会道路救助基金,并且对于机动车在投保交强险后发生交通事故逃离现场时交强险责任界定方面存在分歧的观点进行了分析。笔者通过分析最终得出结论,虽然交强险具有保障交通事故中受害人合法权益的功能,但是这一社会保障功能不宜无限扩大,否则会违背公平原则。对于此类情况,如果能够及时确定承保交强险的保险人,那么由保险人按照交强险的规定在保险责任限额内垫付抢救受害人的医疗费用;如果不能够及时确定保险人或抢救受害人的医疗费用超出保险人按照合同约定应该承担的责任限额,那么社会道路救助基金应当先行垫付该部分费用,而后由相关管理机构进行追偿。交通事故在经济高速发展的今天是无法避免的,为逃避惩罚而在交通肇事后逃逸的情形也屡禁不止,在这种情况下,只有完善现有法律规定,解决交通肇事逃逸交强险责任承担存在法律适用的问题,统一法律适用,构建起交强险和道路救助基金并行的救助体系,才能够真正地确保公共交通安全和秩序,更进一步地维护受害人的合法权益。
[Abstract]:At present, our country has stipulated by law that motor vehicles on the road must be insured against traffic insurance, and issued a series of laws and regulations and judicial explanations for the application of traffic insurance. However, the legal theory and judicial practice have been controversial about how to define the liability of traffic insurance. Some people think that insurance companies should pay in such cases, others think insurance companies should make advances, and others think that the road rescue fund should help. The reason why there is a lack of agreement on this issue is that the current laws and regulations of our country have many and unclear provisions for this kind of situation, and even there are conflicts between different provisions, which lead to the disunity of the applicable law. The disunity of the application of the law not only makes the traffic insurance unable to help the victims in time, but also weakens its social security function. By quoting the representative practical cases of the judicial practice in the process of settlement of traffic insurance claims, this paper makes a clear distinction between the liability for compensation and the liability for advance payment of traffic insurance in our country, and leads to the social road relief fund which helps the traffic insurance to play its role. It also analyzes the different views on the definition of the liability of traffic insurance when the traffic accident occurs after the motor vehicle is insured against the traffic accident. The author comes to the conclusion through the analysis that although traffic insurance has the function of protecting the legal rights and interests of the victims in traffic accidents, this social security function should not be expanded indefinitely, otherwise, it will violate the principle of fairness. For such cases, if it can be determined in time to underwrite the insurance insurer, then the insurer in accordance with the provisions of the insurance liability limit in advance to rescue the victim of medical expenses; If it is not possible to determine in time that the medical expenses of the insurer or the rescue of the victim exceed the limits of the liability that the insurer should undertake in accordance with the contract, then the Social Road Relief Fund shall advance the expenses in advance. Then by the relevant management agencies to recover compensation. Traffic accidents are unavoidable today when the economy is developing at a high speed, and the situation of escaping after a traffic accident in order to escape punishment is not stopped. Under such circumstances, only existing laws and regulations can be improved. Only by solving the problem that the law is applicable to take responsibility for traffic accident and escape insurance, unifying the law application, and constructing a parallel rescue system of traffic insurance and road rescue fund, can we truly ensure the safety and order of public transport. To further protect the legitimate rights and interests of the victim.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.284

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