交强险中“第三者”范围的界定

Defining the “Third Party” Scope in Compulsory Insurance

随着交强险的日益普及,保险争议案件也随之与日俱增。如何维护司法公正,保障利益平衡成为当前社会亟须解决的法律问题。虽然法律对交强险中"第三者"的范围做了相应规定,但过于笼统和僵硬的设置导致在司法实务中面临巨大挑战,尤其是"车上人员"与"第三者"身份转化的问题一直备受争议。从既要保护弱者又要兼顾保险人利益的角度出发,建议在认定具体的保险事故"第三者"时,应内外结合,满足外部时空条件的同时,还应坚持保险近因原则,以寻求一个适度的"第三者"范围。

With the increasing popularity of compulsory insurance, the insurance dispute cases are increasing day by day. How to safeguard the judicial fairness and the balance of interests has become a legal problem needed to solve urgently nowadays. Although the law has stipulated the scope of the ＂third party＂ in the compulsory insurance, it is too general and rigid to set up, which leads to great challenge in the judicial practice. In particular, the issue of identity change between the＂personnel on board＂ and the ＂third party＂ has been controversial. In order to protect the weak but also take into account the interests of the insurer, the＂third party＂ identification in specific insurance accident should be considered the inside and the outside factors, meeting the external conditions of time and space, and at the same time, it also should be adhered to the principle of proximate cause of insurance in order to seek a proper ＂third party＂.