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随着《产品质量法》和《消费者权益保护法》的颁布实施,人们索赔意识逐渐增强,因产品责任纠纷导致的产品责任诉讼案件时有发生,如果处于被告地位的产品生产者同时又是产品责任保护的被保险人,那么案件的处理结果将直接影响到保险公司的切身利益,因此,保险公司有必要参加产品责任诉讼,这就涉及到如下几个问题:一、保险人在诉讼中的地位《民事诉讼法》第48条2款规定:“对当事人争议的诉讼标的,第三人虽然没有独立请求权,但案件处理结果同他有法律上的利害关系的,可以申请参加诉讼,或者由人民法院通知他参加诉讼.”在产品责任诉讼中,消费者以原告身份起诉,生产者以被告身份应诉.他们之间争议的诉讼标就是消费者与生产者之间的损害赔偿关系.显
With the promulgation and implementation of the Law on Product Quality and the Law on the Protection of the Rights and Interests of Consumers, people gradually raise their awareness of claims. Product liability litigation cases arising from product liability disputes have occurred from time to time. If the producer of the product in the position of defendant is Product liability protection of the insured, then the outcome of the case will directly affect the vital interests of the insurance company, therefore, insurance companies need to participate in product liability litigation, which involves the following questions: First, the insurer in the proceedings Article 48 (2) of the Code of Civil Procedure stipulates: “Although the third party does not have the independent right to claim against the parties involved in the dispute, the third party may apply for participation in the litigation if the result of the case is of legal interest to him, Or be informed by the people’s court of his participation in the litigation. ”In the product liability litigation, the consumer sues as the plaintiff and the producer responds as the defendant.The litigant between them is the damages between the consumer and the producer Show