浅析《道路交通安全法》第76条在第三者责任险中的司法运用

Justice Exertion of Article 76 of 'Road Traffic Safety Law' in the Third Party Responsibility Insurance

新交通法实施以来,因道路交通损害赔偿纠纷的案件急剧增加。由于缺少配套的法律规定和司法解释,各地法院在运用交通法第76条审理案件时出现了不同的理解,并且与相关法律尤其是《保险法》出现了部分立法冲突!对第三者责任险的不同理解使得矛盾凸显!在司法实践中也出现了不少问题,但本质上是由于第76条自身缺陷造成的。本文根据现有的法律法规,从法理的角度分析,提出解决问题的办法。

Many problems are being caused in justice exertion because the cases of Indemnity dispute of road traffic are being increased violently, lacking of the law rules and the judicatory explain in relation to them, district court have had some different comprehensions in Making use of article 76 of the transportation law to take up case, and with related law, particularly, which is insurance law appeared parts of lawmaking conflict! To the different comprehension of third party responsibility insurance make the antinomy highlight! since we carfled out the new transportation law. But is due to the 76th oneself blemish to result in essentially. This text will Put forward a problem-solving way based existing laws from the angle analysis that is from the legal theory.