机动车强制责任保险的第三人直接请求权研究
发布时间：2018-10-14 18:53
【摘要】：交通事故对个人、对家庭、对社会的破坏有目共睹,当受害人的损失因为加害人可供赔偿的财产的欠缺而得不到填补时,交通事故的后果有可能从个人侵权纠纷演变为社会问题。机动车强制责任保险是以被保险机动车损害赔偿责任为标的,以保障交通事故受害第三人得到及时、有效救助为目标的强制性商业保险。该制度的出现,对填补受害人所受损害、分散潜在风险、减轻责任人经济负担、进而保障社会和谐稳定有着划时代的意义。 通过颁布实施《道路交通安全法》和《机动车交通事故责任强制保险条例》等主体制度、以及《道路交通事故社会救助基金管理试行办法》等配套制度,我国已经初步建立起机动车强制责任保险制度。但由于商法发展的滞后和实践经验的欠缺,我国机动车强制责任保险制度设计存在缺陷,缺乏受害人第三人直接请求权最为显著。缺乏受害人第三人直接请求权使得机动车强制责任保险制度的“保护受害第三人”的首要立法目标无法顺利实现。 本文以保护受害第三人利益为出发点,运用概念解析、比较研究、实证分析等方法,在阐述受害第三人直接请求权法理理论的基础上,通过借鉴其他国家和地区相似制度的内容和立法模式,对受害第三人直接请求权的重要意义、法理基础、制度建议加以详细论述。 本文论证基本思路,论文分为五章：引言部分介绍本文研究背景,然后从机动车强制责任保险基础理论入手阐述其制度价值着重于第三人利益的实现,再然后参考借鉴其他国家和地区对交通事故受害第三人直接请求权的设定,第四步论证我国设立明确第三人直接请求权的现实必要性,最后探讨我国建立第三人直接请求权的立法建议。
[Abstract]:The damage caused by traffic accidents to individuals, to families, to society is obvious to all. When the victims' losses are not filled because of the lack of property that the perpetrators can compensate for, The consequences of traffic accidents may evolve from individual tort disputes to social problems. Motor vehicle compulsory liability insurance is a kind of compulsory commercial insurance which is aimed at protecting the third party injured by traffic accident to get timely and effective rescue. The emergence of this system is of epoch-making significance to fill the damage suffered by the victim, disperse the potential risk, reduce the economic burden of the responsible person, and then ensure the social harmony and stability. Through the promulgation and implementation of the main body systems, such as the Road Traffic Safety Law and the regulations on compulsory Insurance for Motor vehicle Traffic Accidents, as well as the trial measures for the Administration of Social Relief funds for Road Traffic Accidents, and other supporting systems, China has initially established the compulsory liability insurance system for motor vehicles. However, due to the lag of commercial law development and the lack of practical experience, the design of compulsory liability insurance system for motor vehicles in China is flawed, lacking the direct claim of the third party of the victim. The lack of the direct claim of the third party of the victim makes the primary legislative goal of the compulsory liability insurance system of motor vehicle "protecting the third person" unable to be realized smoothly. This paper takes the protection of the interests of the injured third party as the starting point, applies the methods of conceptual analysis, comparative study, and empirical analysis, on the basis of elaborating the legal theory of the third party's direct claim. By drawing lessons from the contents and legislative models of similar systems in other countries and regions, this paper discusses in detail the significance, legal basis and system suggestions of the direct claim of the third party who is victimized. The thesis is divided into five chapters: the introduction introduces the background of this paper, and then starts with the basic theory of motor vehicle compulsory liability insurance, expounds its system value, focusing on the realization of the interests of the third party. Then referring to the establishment of the direct claim right of the third party affected by traffic accident in other countries and regions, the fourth step demonstrates the realistic necessity of establishing the direct claim right of the third party in our country. At last, it discusses the legislative suggestion of establishing the third party's right of direct claim in our country.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.284;D922.14
本文编号：2271342
[Abstract]:The damage caused by traffic accidents to individuals, to families, to society is obvious to all. When the victims' losses are not filled because of the lack of property that the perpetrators can compensate for, The consequences of traffic accidents may evolve from individual tort disputes to social problems. Motor vehicle compulsory liability insurance is a kind of compulsory commercial insurance which is aimed at protecting the third party injured by traffic accident to get timely and effective rescue. The emergence of this system is of epoch-making significance to fill the damage suffered by the victim, disperse the potential risk, reduce the economic burden of the responsible person, and then ensure the social harmony and stability. Through the promulgation and implementation of the main body systems, such as the Road Traffic Safety Law and the regulations on compulsory Insurance for Motor vehicle Traffic Accidents, as well as the trial measures for the Administration of Social Relief funds for Road Traffic Accidents, and other supporting systems, China has initially established the compulsory liability insurance system for motor vehicles. However, due to the lag of commercial law development and the lack of practical experience, the design of compulsory liability insurance system for motor vehicles in China is flawed, lacking the direct claim of the third party of the victim. The lack of the direct claim of the third party of the victim makes the primary legislative goal of the compulsory liability insurance system of motor vehicle "protecting the third person" unable to be realized smoothly. This paper takes the protection of the interests of the injured third party as the starting point, applies the methods of conceptual analysis, comparative study, and empirical analysis, on the basis of elaborating the legal theory of the third party's direct claim. By drawing lessons from the contents and legislative models of similar systems in other countries and regions, this paper discusses in detail the significance, legal basis and system suggestions of the direct claim of the third party who is victimized. The thesis is divided into five chapters: the introduction introduces the background of this paper, and then starts with the basic theory of motor vehicle compulsory liability insurance, expounds its system value, focusing on the realization of the interests of the third party. Then referring to the establishment of the direct claim right of the third party affected by traffic accident in other countries and regions, the fourth step demonstrates the realistic necessity of establishing the direct claim right of the third party in our country. At last, it discusses the legislative suggestion of establishing the third party's right of direct claim in our country.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.284;D922.14
【参考文献】
相关期刊论文 前2条
1 张新宝;;道路交通事故中的机动车第三者责任强制保险[J];法学家;2005年01期
2 王利明;;建立和完善多元化的受害人救济机制[J];中国法学;2009年04期
，本文编号：2271342
本文链接：https://www.wllwen.com/falvlunwen/sflw/2271342.html
