评交强险不分项限额赔偿判决及其社会负面影响

On the Compensation without Sub-limits from the Verdict of Traffic Compulsory Insurance and Its Negative Impact on the Society

根据交通事故中发生人身损害与财产损失风险的不同,《交强险条例》第23条、《交强险条款》第8条第1款规定了交强险分项限额赔偿。而实务中,某些法院以上述条款与《道路交通安全法》第76条相冲突、不符合交强险基本立法目的为由,做出不分项限额赔偿的判决。但依据交强险的法律规定及其基本立法目的,可知其为违法裁判,缺乏法律依据,造成了不良的社会影响。因此,法院应当依据现有的交强险法律规定裁判。

According to the different risks from personal injury and property damage in a traffic accident, both the article 23 in the Traffic Compulsory Insurance Regulation and the first item of the article 8 in the Traffic Compul- sory Insurance Clauses state the compensation without sub-limits from the traffic compulsory insurance. However, in practice, some courts protest that these articles are in conflict with the article 76 in the Road Traffic Safety Law and unable to meet legislative purpose of the traffic compulsory insurance, so they often make compensation judgments regardless of sub-limits. In my opinion, such verdicts are illegal and will have a negative effect on society. There- fore, the courts should base their judgments on the existing laws and regulations.