智能汽车环境下交强险制度改革研究

Research on Reformation of the Compulsory Third-Party Traffic Liability Insurance under the Environment of Autonomous Vehicle

摘要: 智能汽车作为未来机动车的发展方向，在技术上已经取得较大突破，我国也大力扶持此类产品的研发。此类产品的普及同时对我国诸多法律制度带来了挑战，作为受害人基本保障的交强险制度也将遭受一定冲击。交强险在智能汽车环境下的覆盖范围、基本架构以及配套规定均面临着调整。应当认识到的是，交强险制度的改革应与技术发展阶段相适宜，在低级别阶段贸然更改基本架构难言合理，而在高级别阶段则可以引入车辆制造商投保构成“混合强制保险制”。在调整基本架构后，其追偿权、保险范围及责任限额等配合规定也应随之调整。

Abstract: As the development tendency of vehicles, autonomous vehicles have made great breakthroughs in technology and gained strong supports from national policy. Meanwhile, the popularization of them will bring many challenges to the law system of our country, including the system of compulsory insurance for liability for traffic accidents of motor vehicles, which provides basic relief to the victims in traffic accidents. Under the environment of autonomous vehicles, the coverage, basic structure and supporting regulations of this system shall all be reformed. It needs to be recognized that the reformation of it should be appropriate to the development of autonomous vehicles. In the low-autonomous stage, it is unreasonable to change the basic structure rashly; while in the high-autonomous stage, the structure could be changed into “hybrid mandatory insurance system” in which manufacturers are included as policyholders. Then, the supporting regulations on insurer’s right of indemnity, insurance coverage and limits of liability also should be adjusted accordingly.