酒后驾车责任保险的法律和经济分析

酒后驾车能否投保责任保险,不仅涉及酒后驾车肇事是否属于故意侵权,而且涉及合同自由与道德风险、威慑与补偿等社会公共政策之间的衡量。合理的制度安排应当考虑酒后驾车行为的反社会性及其严重性,并权衡允许酒后驾车责任保险对酒后驾车行为的激励与禁止酒后驾车责任保险对受害人的危害。

A Legal and Economical Analysis of Liability Insurance for Drunk Driving

Whether liability insurance for drunk driving is permitted not only deals with the intentional tort but also the balance of the social public policies between freedom of contract and moral risk or between threat and indemnification. Rational systems not only consider the antisocialism of drunk driving and its order of severity,but also the balance between encouragement on drunk driving if liability insurance for drunk driving is allowed and damage on the victims if liability insurance for drunk driving is forbidden.