论文部分内容阅读
中国机动车交通事故赔偿责任包括保险责任限额外机动车保有人的侵权赔偿责任和保险责任限额内保险人的保险赔偿责任。前者以公平与效率价值的平衡为基点确定责任归责原则利于各方利益均衡;后者乃保险人之保险义务,于机动车交通事故责任强制保险中,一旦交通事故发生,保险人即依照“限额无过失主义”赔偿原则履行义务。该险以利于受害人迅速、有效并且得到基本保障为目的,实效上却因该险的缺陷而减损。
The liability for compensation for motor vehicle accidents in China includes liability for infringement of liability of motor vehicle owners and liability insurance coverage of insurers within the limits of insurance liability. The former is based on the balance between the fair and the efficiency of the value of responsibility to determine the principle of attribution to benefit the interests of all parties; the latter is the insurer’s insurance obligations, liability insurance in motor vehicles in the event of a traffic accident, the insurer in accordance with the “Limit non-negligence” principle of compensation to fulfill their obligations. For the purpose of facilitating prompt, effective and basic victim protection, this insurance is effectively derogated from its defects.