德国机动车强制责任保险研究

Study on the German Compulsory Automobile Insurance

德国机动车强制保险实行传统的责任保险模式,无赔偿责任即无保险给付。在其历史发展中一直以强化被保险人的保护为中心,不仅规定较为广泛的投保义务,同时采取措施保障投保率,并实行法定最低保险金额,一方面提高了受害人保护的水平,另一方面也消除了机动车商业责任保险的生存空间。在权利实现方面赋予受害人以直接请求权,扩大被保险人及第三人的范围,尽可能使受害人可以得到救济。为兼顾保险人之利益及交通事故的预防,建立完善的追偿权制度。为弥补保险制度漏洞而建立的救助基金制度提供与保险制度近乎相同的保护水平,并有配套的追偿制度,是责任保险制度的有益补充。

The compulsory third party liability motor insurance of Germany chooses the mode of traditional one which means that no liability for the third party. The center of the insurance is the reinforcing of protection of the insured during its development. There is a wide range of duty of application for the insurance and the statutory minim insurance sum. On the one side the level of protection of victim is improved,on the other side the surviving room for the commercial third liability motor insurance is eliminated. The victims are entitled the right of direct claim and range of the insured and the third party is extended, accordingly the victims are remedied as much as possible. The institution of right of recourse is completely set up to protect the insurance company’s interest and the prevention of traffic accident. The institution of supporting fund to fill of the gap of insurance institution is nearly at the same level of insurance institution,and there is respectively the institution of recourse. The institution of supporting fund is useful supplement of the institution of third party liability insurance.