我国机动车强制责任保险中的第三者

On the third Party in Compulsory Automobile Liability Insurance

我国机动车强制责任保险中的第三者不包括被保险车辆的车上人员,在司法实践中对于保险车辆的车上人员、第三者的把握过于机械,将相当一部分人排除在交强险的保障范围之外,有违《交通安全法》与《交强险条例》的立法目的。对车上人员、第三者的界定应以交通事故发生时为准,凡在事故发生的瞬间处于被保险车辆之下的受害人,都应当认定为第三者。还应当将车上人员纳入交强险的保障范围。

In China, the third party in compulsory automobile liability insurance does not cover people present on the vehicle insured. As a result, quite a few people are excluded from the coverage of compulsory automobile liability insurance in judicial practice, which is contradictory to the legislative purpose of Road Traffic Safety Law and Regulation on Compulsory Automobile Liability Insurance. The definition on people present on the vehicle and the third party should be based on the time when the traffic accident happens, and all the victims who are outside the vehicle insured at the moment the accident happens should be defined as the third party. In addition, people present on the vehicle should be covered by compulsory automobile liability insurance.