论文部分内容阅读
当被保险车辆发生交通意外事故时,驾驶员因为某种原因离开了被保险车辆,其身份究竟是“车上人员”还是“第三者”在法学界有不同的观点,对其定性将直接影响保险赔付结果的差异及当事人的利益。本文从法律解释的逻辑与规则的角度,结合不同观点及国内外立法现状,认为机动车驾驶员在特殊情况下能够作为交强险的第三者,受到保险公司的保护,使得我国的保险制度更趋于完善。
When a driver has left the insured vehicle for some reason when a traffic accident occurs in the insured vehicle, whether the identity of the insured person or the third party has a different viewpoint in the legal science community. Its qualitative will directly affect the difference between the results of insurance and the interests of the parties. From the perspective of logic and rules of legal interpretation, combined with different viewpoints and the status quo of legislation at home and abroad, motor vehicle drivers are considered as the third party to pay strong insurance under special circumstances and protected by insurance companies, making our insurance system more Perfect.