【作者】 戚挚；

【导师】 徐卫东；

【作者基本信息】 吉林大学 ， 民商法学， 2008， 硕士

【摘要】 公众责任保险是分散和转嫁公众责任风险的机制。虽然我国保险实务中已经开办公众责任保险,但是在理论上对这种保险的研究仍处于起步阶段。对公众责任保险的法律概念、承保范围、除外责任等基本制度的理论研究还不够成熟,由此导致在实务中公众责任保险的发展相对滞后。目前,公众责任保险在我国保险实务中属于自愿保险,所以在生活中一旦发生重大公共责任事故而当事人又没有投保的情况下,受害人可能得不到及时、充分的赔偿,其合法权益难以得到有效维护。因此,我们需要在理论上对此进行深入研究,建立强制公众责任保险,用便于操作的方式强化保险人对除外责任条款的说明义务。加强对强制公众责任保险法律问题的研究,有助于不断完善我国的公众责任保险制度,用完善而成熟的理论来促进公众责任保险业务的发展。更多还原

【Abstract】 The public liability insurance is a mechanism to disperse and transfer the risk of public liability. It can be employed to determine civil subjects’losses, disperse the losses, and therefore can be benefit to protect the interests of both policy holders and victims. Unfortunately, in our country, the theoretical study on this type of insurance is still at the initial stage although it has been applied in practical operations. Especially, the studies on the basic system of the public liability insurance including the legal concept, the range of accepting insurance, the exception responsibility and so on are still far from well maturity. As a result, the development of the business for the public liability insurance is not so satisfactory yet. Thus, this article aims to carry on a preliminary discussion on some basic problems in public liability insurance, which will benefit the corresponding theoretical investigations in this area and therefore promote the development of the public liability insurance in our country.In the article, the fundamental system of the public liability insurance is discussed in four sections.The first section mainly focuses on the introduction to the basic principle and the value of public liability insurance. In this section, the legal foundation of the public liability insurance is briefly depicted firstly. Then, the relationship between the public liability insurance and tort liability is discussed. In addition, the difference between the public liability insurance and person accident insurance is clarified. Last, the function and merit of the public liability insurance is summarized; The public liability insurance can disperse the civil liability, to a great extent solved the victim not to be able to obtain the question which the full compensation initiated, thus the better protection victim’s benefit, reduced because of the dispute which compensated produces, simultaneously, the public liability insurance could also lighten government’s financial burden.In the second section, the legal problems relevant to the public liability insurance are disused in detail. The public liability insurance is a kind of commercial insurance, it is closely related with the social public’s vital interest, but is not suitable with the social security mechanism substitutes. Therefore, it is necessary to establish the compulsory public liability insurance mechanism. The local authority develops the public liability safe advantageous support and insurance company’s actual operation experience, has provided the possibility for the establishment compulsion public liability insurance.In the third section, the accepting range and the shared responsibility of the public liability insurance analyzed, The amount of indemnification which causes to each time the accident rules take the court or the government Department concerned basis current law should the amount which reimburses by the insured as a standard, but do not surpass the accident compensation quota which each time in the insurance policy lists, moreover the Insurance company when carries on the economic compensation the highest liability of compensation do not surpass the compensation quota which in the insurance policy lists;Finally, in the fourth section, the exception responsibility in the public liability insurance is emphasized. Through the exception liability system, performs the suitable limit to insured’s responsibility scope. The exception liability system may define in the public liability insurance risk’s type, insured’s scope as well as insurance risk’s birthplace.To draw a conclusion, the author believes that, as an efficient mechanism for sharing the risk of public liability, the system of the public liability insurance will play more and more important role in future society. Therefore, we need to perform the further theoretical investigations on the public liability insurance, establish the compulsory system for it, and strengthen the policy holder’duty to explain the exclusive clause in operation-convenient way. Undoubtedly, to enhance the study of legal problems in the public liability insurance can be benefit to continuously improve the public liability insurance system, promote the development of the operation of the public liability insurance using complete and mature theory, protect the masses’vital interest and thus keep the stability of the whole society.更多还原