略论责任保险中的第三人

A Study on Problems of the Third Part in Liability Insurance

责任保险作为立足于财产保险而发展起来的一种保险,具有不同于一般财产保险的诸多特质。然而,就其最显著的特征而言,无疑当属其第三人性。第三人对被保险人的赔偿请求,是责任保险得以存在的基础,若没有第三人的存在,被保险人的损害赔偿责任无从发生,当无责任保险的适用。因此,研究责任保险的第三人问题,具有非常重要的现实意义。

As a kind of insurance developing from the common property insurance, the liability insurance has many specialties comparing with the common insurance. However, the remarkable specialty of the liability insurance undoubtedly is its character of the third party. The liability insurance exists on the basis of compensation claim of the third party to the insurant, if the insurant has no compensation liability, there is no third party and there is no the liability insurance. So researching the problems to protect the benefits of the third part has the important realistic significance.