论完善机动车交通事故责任强制保险法律制度

机动车交通事故责任强制保险的保障范围应为被保险机动车所致道路交通事故中除本车人员、车外被保险人以外的受害人的人身伤亡。保险人"无责赔付"原则不仅于理不通,而且在实践中难以有效推行,应改采"有责赔付"原则。为保障受害人能及时获得足额的赔偿,应赋予其对保险人的直接请求权。机动车交强险应采取由保险公司代办经营的经营模式。社会救助基金的资金来源应进一步扩大。

The Perfection of the Legal System of Compulsory Liability Insurance for Motor Vehicle Accidents in China

The compensation scope of compulsory liability insurance for motor vehicle accidents should be the personal damage of the victims other than the persons within the motor vehicle and the insured outside it. The rule that the insurer should compensate the victims' damages even when he is not responsible for the accident is unreasonable and also hard to implement in practice. Therefore the rule should be changed into the one that the insurer should compensate when he is liable for the accident. On the other hand, the victims should own direct petition right to insurance compensation so that they could have timely and sufficient compensation in time of need. The compulsory liability insurance for motor vehicle accidents should be managed by commercial insurance companies according to authorization. The resources of the social relief fund should be enlarged.