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交强险倍受争议的所谓“无责赔付”原则,其依据是《道路交通安全法》第76条。道交法第76条规定在强制保险限额内不问侵权责避免任归属而径由保险埋单,属逻辑颠倒,片面强调交强险的社会救济功能,摒弃责任保险的基本逻辑,实为交强险诸多问题的根源。《侵权责任法》对此未有实质改进,失去立法矫正机会。实践中无辜受害车辆反而多赔肇事车辆的荒诞案例,实为缺陷立法的不良影响,也是实务操作中侵权法律关系认识混淆的体现。
The so-called “no-claim-for-pay” principle, which has been the subject of much controversy, is based on Article 76 of the Road Traffic Safety Law. Article 76 of the Road Traffic Law stipulates that regardless of infringement and avoidance of attribution in the scope of compulsory insurance, it is a logical inversion to insure that insurance is attributive, and one-sided emphasis on the social relief function of compulsory insurance and the abandonment of the basic logic of liability insurance are the root causes of many problems of forced insurance. The Tort Liability Law has not substantially improved on this issue and has lost the chance of legislative rectification. In fact, the innocent victims of vehicles instead of more absurd cases of accident vehicles, in fact, is the adverse impact of legislative defects, but also the actual operation of the legal relationship between the infringement of confusion reflected.