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由于《道路交通安全法》和《交强险条例》所赖以建立的责任保险模式差异,导致保险公司对醉酒驾驶是否应当承担交强险责任,在保险法理论与保险实践中存在很大争议。而如果忽略二者在效力层级上的区别而肯定保险公司的交强险责任,则从《交强险条例》到《道路交通事故损害赔偿解释》,保险公司应当承担的交强险责任所发生的从垫付责任向赔偿责任的转换更有利于受害人的利益保障,更有助于交强险社会性与公益性目的与宗旨的实现,也更加契合于现代责任保险注重受害人利益保护的发展趋势。
Due to the differences in the liability insurance modes established by the Law on Road Traffic Safety and the Regulations on Paying Strong Traffic Insurance, it is very controversial for insurance companies to bear the responsibility of forced insurance for drunk driving. However, if we ignore the difference between the two levels and affirm the responsibility of the insurance company to pay strong insurance, from the “pay strong insurance regulations” to “Road Traffic Accident Compensation for Compensation”, the insurance company should bear the responsibility for the delivery of insurance from the advance liability to compensation The transfer of responsibility is more conducive to the protection of the interests of victims, but also contribute to the realization of the purpose and purposes of social insurance and public welfare of strong insurance, and more in line with the development trend of modern liability insurance focusing on the protection of victims’ interests.