交强险范围内精神损害赔偿优先请求权若干问题之探讨

交强险是以交强险保险条例为主要依据的法定商业保险,其以不进行商业赢利,保障受害第三者为目的,体现了更多的社会责任保障属性。交强险相对于自愿商业保险,其将精神损害赔偿纳入赔偿范围就体现了其社会责任属性。实践中受害人和被保险人利益最大化的途径之一,就是由交强险承担对第三者的精神损害赔偿理赔责任。

The compulsory traffic accident insurance is a legal commercial one which is mainly based on the regulations of the compulsory traffic accident insurance,showing more liable security of society.It aims to guarantee the third victim’s interest by doing non-profit business.Compared with the voluntary commercial insurance,it has the property of social responsibility since the moral damage compensation has been brought into.Hence,the way to maximize profit between the victim and the insured in practice is that the compulsory traffic accident insurance company should undertake the third victim’s moral damage compensation claims responsibility.So the Supreme People’s Court(2008)proposed the prior claim theory on moral damage compensation in traffic accidents in the MINYITAZI NO.25 Reply.In the paper the author intends to discuss some practical problems on the prior claim on moral damage compensation of the compulsory traffic accident insurance giving useful guidance for further research.