一、围绕交强险与侵权责任关系的主要争论机动车交通事故责任强制保险(以下简称交强险)和侵权责任的关系问题,在学界和实务界一直有比较大的争议。争议基本可以概括为结合关系论和替代关系论两大主张。主张结合关系论的观点认为,交强险以侵权责任为基础,保险公司承担赔偿责任的前提是被保险人对于受害人承担侵权责任。替代关系论的观点则认为,交强险不仅不以侵权责任为基础,而且在责任限额内直接替代侵权责任,也就是说在交强险责任限额内,保险公司直接向受害人承担赔偿责任,真正的加 First, around the main controversy over the relationship between strong insurance and tort liability The issue of the relationship between the compulsory motor vehicle liability insurance (hereinafter referred to as the “strong insurance liability”) and tort liability has always been a big controversy in academia and practice circles. The basic dispute can be summed up as a combination of two theories of relationship theory and alternative relations. Advocating a combination of the theory of view that the pay strong insurance to infringement liability as the basis, the insurance company to assume liability on the premise that the insured person bear the tort liability for the victim. Alternative relationship theory point of view, not only to pay strong insurance is not based on infringement of liability, but also directly replace tort liability within the limits of liability, that is to say in the liability insurance limit, insurance companies directly to the victims bear the liability, the real plus