机动车保险人滥用上诉权的利益考量和制度反思——以P市中院近五年交通事故案件为分析样本

Benefit Considering and System Introspecting of Motor Vehicles's Insurance Company Abusing the Appeal Right——To Traffic Accident Case in Nearly Five Years in the Intermediate People's Court of P City for the Analysis of Samples

民事上诉权系民事诉讼中当事人的一项重要程序性权利,但基于各种原因,上诉权的滥用在我国司法实践中大量地存在,特别是在机动车交通事故案件领域。保险公司以各种理由提起上诉逐取经济利益,受害者因此而遭受损失。P市中级法院近五年的数据和案例充分反映了机动车保险人滥用上诉权的现象严重,需从立法、司法等方面对该行为进行规制。

The civil right of appeal is an important procedural right of litigants in the lawsuit, however, due to various factors, its abuse substantially exists in our judicial practices. Because of judicial flaws, there are a great number of problems that motor vehicle insurers misuse the civil right of appeal in the area of motor vehicle accident cases. The insurance company appeals in all kinds of pretexts, exceedingly chasing for economic interests while the victim＇s interests have damaged. Those five-year data and cases of intermediate people＇s court in P city fully demonstrate such a seri- ous phenomenon that motor vehicles＇s insurance company abuse their civil right of appeal, which appeals to legulating these behaviors in legislation and judicature and so on.