论医疗责任保险患方第三人的直接请求权

On Direct Claim of the Third Party Affected with Medical Liability Insurance

现代责任保险合同突破合同的相对性理论,已从保护被保险人利益转移至补偿受害第三人之损害。第三人直接请求权的理论基础包括保障患方第三人的利益、补偿患方第三人的损害、患方第三人是保险合同特有关系人等内容。为全面保护受害患方的合法权益,应当合理界定患方第三人直接请求权主体的范围和请求权的具体内容。从建立患方第三人直接请求权制度,患方第三人保险赔偿优先权制度,明确规定被保险人和保险人的协助义务,适当限制保险人的抗辩权等方面完善现行保险法律制度,为受害患方直接请求权的实现提供法律依据。

Modern liability insurance contract breaks through the theory of relativity of contracts and has shifted from protecting the interests of the insured to compensating for the third party infringed.The theoretical bases of the direct claim of the third party are to guarantee the interests of the third party affected,to compensate for the damage of the third party affected,and to assure the third party affected have the unique relationship of the insurance contract,etc.In order to comprehensively protect the legitimate rights and interests of the affected party,the scope of the subject of the third party's direct claim and the specific contents of the claim should be reasonably defined.And that will provide a legal basis for the realization of the direct claim of the affected party infringed from the aspects of modifying and improving the current insurance legal system,establishing the system of the claim of the third party affected and the system of the priority of the third party's insurance compensation,defining the insured and the insurer's assistance obligation and appropriate limitation of the insurer's right of defense.