给付保险金性质辨析

Analyzing the Attribute of Payment of Insurance Compensation

侵权责任、违约责任和缔约过失责任是民事责任的三种类型。就民事责任与民事义务关系而言,民法学界通说认为民事责任是违反民事义务的结果。保险事故发生导致保险标的损失或被保险人死亡、伤残,保险人应当赔偿或给付保险金,但这是保险人履行合同义务的行为,非为“承担保险责任”。

Liability for tort, liability for breach of contract and liability for treaty negligence are three types of civil liability. In terms of the relationship between civil liability and civil obligations, academic circles of civil law regard civil liability as a result of breaking civil obligations. Under the condition of the loss of subject matter of insurance, or death （or disability） of insured person incurred by insurance accidents, insurer ought to pay or compensate agreed insurance. It, however, belongs to the act of obligation of contract for insurer, instead of ＂underwriting. ＂