关于创设交强险追偿权及强制保险追偿权概念的思考

Thought on the Concept of the Right of Indemnity in Compulsory Traffic Accident Liability Insurance and the Right of Recovery in Compulsory Insurance

交强险追偿权不同于《保险法》所设置的代位求偿制度,创设交强险追偿权及强制保险追偿权概念,明确其特别制度与代位求偿等保险基本法律制度之间的分工,实现强制保险制度与相关法律规定、立法理念有效对接,对健全强制保险法律体系和促进强制保险业务的健康发展将有所裨益。

The right of indemnity in compulsory traffic accident liability insurance is different from the subrogation stipulated in Insurance Law.Creating the concept of the right of indemnity in compulsory traffic accident liability insurance and compulsory insurance subrogation,making clear the duties of the special system and the basic law system in insurance such as subrogation,connect effectively the compulsory insurance system and the relevant law rules and legislative ideas,will be of great benefit to the perfection of compulsory insurance law system and healthy development of compulsory insurance business.