After the perpetrator compensates the accident victim for the loss, he files a lawsuit in court and requires the insurance company to pay compensation within the scope of the compulsory traffic insurance. If this illegal and criminal behavior is supported, it will destroy the ent

The main point of the referee: The perpetrator escaped after a hit and run due to drinking and driving, and found someone to "back up" the crime, which made it impossible for the public security organs to conduct an alcohol test, making it impossible to determine whether the perpetrator was drunk driving. After the perpetrator compensates the accident victim for the loss, he files a lawsuit in court and requires the insurance company to pay compensation within the scope of the compulsory traffic insurance. If this illegal and criminal behavior is supported, it will destroy the entire social order and damage the public interests of the society, so it is not allowed to do so. should be supported.

Zhao Moubao and the Insurance Contract Dispute Case of the Lu'an Branch of China People's Property Insurance Co., Ltd.

- The driver drank and drove and escaped. The insurance company does not need to compensate the driver within the scope of compulsory traffic insurance, otherwise it will condone illegal activities. occurrence, leading to wrong value orientation

Case index

First instance: Yu'an District People's Court of Lu'an City, Anhui Province (2019) Anhui 1503 Minchu No. 379

Second instance: Lu'an Intermediate People's Court of Anhui Province (2019) Wan 15th People's Court Final No. 1036

Basic case facts

At about 19:00 on January 17, 2018, Zhao Moubao drove an off-road vehicle from west to east along the X009 line to the vicinity of Hongdu Xingcheng Community, Guzhen Town, Yu'an District, when he hit the driver of Qian Mouran. Qian Mouran was injured, and Zhao Moubao fled the scene. On the day of the accident, Zhao Moubao found someone else to take his place and was seized by the public security organs. The traffic police department determined that Zhao Bao was fully responsible for the accident and Qian Mouran was not responsible.

On September 28, 2018, the People’s Court of Yu’an District, Lu’an City convicted the defendant Zhao Moubao of committing a traffic accident and sentenced him to one year in prison and two years of probation. On May 7, 2018, Zhao Moubao and Qian Mouran reached a compensation agreement on subsequent compensation matters. The content of the agreement is: Zhao Moubao pays Qian Mouran a one-time payment for all losses including lost work wages, nursing fees, nutrition fees, disability compensation, mental damage compensation, transportation fees, follow-up treatment fees, assistive equipment fees, etc., totaling 250,000 yuan. (This payment does not include the 130,000 yuan of medical expenses paid by Zhao in advance). On the same day, Qian Mouran issued a receipt stating that he had received compensation of 250,000 yuan from Zhao Moubao. During the interrogation process by the public security organs, Zhao Moubao admitted that he had found someone to replace him after he had an accident while driving drunk that night.

The off-road vehicle driven by Zhao Moubao was insured with compulsory motor vehicle traffic accident liability insurance by PICC Lu’an Company. The insurance period was from December 30, 2017 to December 29, 2018.

Zhao Moubao filed a lawsuit with the court of first instance and requested that the defendant be ordered to compensate the plaintiff 122,000 yuan for various losses caused by the traffic accident within the limit of the compulsory traffic insurance.

Court Judgment

The People's Court of Yu'an District, Lu'an City, Anhui Province held after hearing: 1. The focus of the dispute in this case is that Zhao Bao escaped from a traffic accident while drinking and driving. Whether PICC Lu'an Company should prosecute Zhao within the scope of compulsory traffic insurance? The insurance company will compensate for the compensation of others. Article 5 of the "Insurance Law of the People's Republic of China" stipulates that parties involved in insurance activities shall abide by the principle of good faith when exercising their rights and performing their obligations. Paragraph 2 of Article 22 of the "Road Traffic Safety Law of the People's Republic of China" stipulates: Anyone who drinks alcohol, takes psychotropic drugs or narcotic drugs controlled by the state, or suffers from a disease that hinders the safe driving of a motor vehicle, or is overtired and affects safe driving, Not allowed to drive a motor vehicle. Even though Zhao was drinking, he knew clearly that he could not drive a motor vehicle, but still took the risk to drive on the road, and found someone to replace him after a traffic accident. As a result, the traffic police department was unable to conduct an alcohol test on him, and thus could not determine that Zhao was "drinking." Driving" or "drunk driving", the consequences are entirely caused by Zhao's own illegal behavior. Zhao's drunk driving is a serious illegal act and an act that is extremely harmful to society. If compensation is provided for illegal acts, it will condone the occurrence of illegal acts, lead to a wrong value orientation, and violate the original intention of the establishment of the insurance system.In addition, compulsory traffic insurance is a statutory insurance with social welfare and rescue properties. It is established for the personal injury caused by motor vehicles to third parties. The main purpose is to provide timely and basic protection for traffic accident victims to the maximum extent, which is beneficial to the victims. People receive timely and effective medical assistance, and compensation costs are used to compensate the victim rather than the perpetrator. In summary, Zhao Moubao’s litigation claims are not supported. Therefore, (2019) Anhui 1503 Minchu No. 379 Civil Judgment was made: the plaintiff Zhao Moubao’s claim was dismissed.

After the first-instance judgment was made, Zhao Moubao refused to accept it and filed an appeal, requesting that the first-instance judgment be revoked and the judgment changed in accordance with the law. The reasons are as follows: 1. The facts found in the first instance were wrong. The court of first instance held that Zhao Moubao knew he could not drive a motor vehicle even though he was drinking, but still took the risk to drive on the road, and found someone to take his place after a traffic accident, which prevented the traffic police department from conducting an alcohol test on him, thus making it impossible to determine whether Zhao Moubao was drunk. Whether it was "drunk driving" or "drunk driving", it was obviously wrong to determine that the insurance company would not pay the claim. Zhao Bao's illegal behavior of driving after drinking should bear corresponding administrative or criminal liability. Whether the respondent should pay compensation should be stipulated in the insurance contract or stipulated by law. Zhao Bao cannot be deprived of the legitimate rights and interests he should obtain because of his illegal behavior. 2. The application of law in the first instance was wrong. The focus of the dispute in this case is whether Zhao Moubao escaped from a traffic accident while driving under the influence of alcohol. Whether the insurance company should pay compensation to others within the scope of compulsory traffic insurance, rather than whether he can drive after drinking. The court of first instance relied on Article 22, Paragraph 2, of the Road Traffic Law of the People's Republic of China, which stipulates that a motor vehicle driver shall not drive a motor vehicle after drinking alcohol. This does not mean that insurance companies will not deny compensation for driving a motor vehicle after drinking alcohol. Article 22, Paragraph 1, of the "Regulations on Compulsory Motor Vehicle Traffic Accident Liability Insurance" should be applied to this case. The situation where the insurance company does not assume liability for compensation is drunk driving. However, PICC Lu'an Company did not provide evidence to prove that Zhao was insured. Driving while drunk should not be exempted from liability.

After hearing, the Intermediate People’s Court of Lu’an City, Anhui Province held that: 1. The focus of the dispute in this case is whether PICC Lu’an Company should bear the liability for compensation within the scope of compulsory traffic insurance. This case is an insurance contract dispute. Both parties recognized the compulsory motor vehicle traffic accident liability insurance contract they jointly signed. Based on the provisions of the insurance contract, the only situation in this case that the compulsory traffic insurance deductible can be applied to is drunk driving. The appellant Zhao Moubao believed that only the insurance company for drunk driving could be exempted from liability for compulsory traffic insurance compensation. However, in this case, there was no evidence to prove that Zhao Moubao was driving drunk when the traffic accident occurred. The insurance company also did not provide evidence to prove that Zhao Moubao was driving drunk, so the insurance company The company should compensate, and the burden of proof for drunk driving lies with the appellee, PICC Property and Casualty Insurance Company Lu'an Company. PICC Lu'an Company believed that Zhao's behavior violated the mandatory provisions of the law and constituted a criminal offense, and his losses should be borne by himself. After the incident, he fled the scene and avoided the ascertainment of the facts, making it impossible to ascertain the facts. Whether it is drunk driving or not, the responsibility lies with Zhao, so he should bear the adverse legal consequences. Based on the viewpoints of both parties, the core of the dispute in this case is whether Zhao Moubao can be determined to be a drunk driver at the time of the incident, and whether PICC Lu'an Company should bear the burden of proof for Zhao Moubao's drunk driving.

(1) Regarding the issue of whether Zhao Moubao could be determined to be drunk driving when the incident occurred. Zhao Moubao admitted that he drank alcohol before the traffic accident, and he was driving under the influence of alcohol. After the accident, Zhao Moubao did not report the accident himself, but had someone else call him and claimed to be the driver of the vehicle involved in the accident. This was later deemed by the traffic police department as an act of "finding someone else to take over". Although Zhao Moubao did not leave the accident after the incident, However, when police officers from the police station came to the scene for questioning, he flatly denied that he had driven the vehicle. When the traffic police department first inquired, he still denied that he was driving the vehicle involved in the accident. Zhao deliberately evaded responsibility for the accident, which prevented the public security organs from investigating. The responsibility should be borne by him to find out whether he was driving drunk when the incident occurred.It is impossible to determine from the ascertained facts whether Zhao was driving under the influence at the time of the incident, but Zhao’s series of illegal behaviors after the incident were all in order to evade legal liability, including administrative liability, criminal liability, and civil liability. . His driving state after drinking alcohol would cause ordinary people to have reasonable doubts that he might be drunk.

(2) Regarding the issue of whether PICC Lu'an Company should bear the burden of proof for Zhao's drunk driving. PICC Lu'an Company should not bear the burden of proof for the following reasons: 1. The insurance company does not have the authority to collect evidence against Zhao for drunk driving, and its source of evidence should rely on the evidence collected by the traffic police department in handling traffic accidents; 2. The traffic police department was not at fault for failing to conduct an alcohol test on Zhao. After the accident, Zhao Moubao found someone to replace him and falsely reported the driver of the vehicle in the accident. He himself did not go to the traffic police department for investigation. As a result, the traffic police department failed to collect Zhao Moubao's alcohol test sample during the accident and could not conduct relevant tests. According to the determination, the responsibility lies with Zhao Moubao; third, Zhao Moubao’s illegal behavior cannot be paid by Renzheng Property Insurance Lu’an Company. Zhao Moubao failed to report the incident in time and found someone to pretend to be the driver. When questioned by public security officers afterwards, he repeatedly denied that he was the driver of the vehicle involved in the accident, which ultimately made it impossible to confirm the time of the incident. Whether it constitutes drunk driving, the PICC Lu’an Company is now demanding compensation on the grounds that it cannot provide evidence to prove that it constitutes drunk driving. If such illegal and criminal behavior is supported, it will destroy the entire social order and harm the public interests of society. To sum up, the burden of proof on whether Zhao was drunk driving at the time of the incident was originally on PICC Lu'an Company, but Zhao's illegal behavior blocked the insurance company's burden of proof.

(3) Regarding the issue of whether PICC Lu’an Company should bear compulsory traffic insurance compensation. According to the principle of "whoever claims, who shall provide evidence", because Zhao Moubao had been drinking before the incident, this behavior led to him bearing the burden of proof that he was not drunk at the time of the incident. Of course, if Zhao Moubao reported the case in time after the incident, accepted the investigation by the traffic police department, and conducted an alcohol test on him, it would be possible to find out whether he constituted drunk driving. Now Zhao cannot provide evidence to prove that he was not drunk at the time of the incident, so he should bear the burden of failure to provide evidence. The original judgment was that PICC Lu'an Company did not assume liability for compensation within the scope of compulsory traffic insurance.

(4) Regarding the application of law in this case. The original judgment was based on the fact that Zhao Moubao escaped from a traffic accident while drinking and driving, and in accordance with Article 5 of the Insurance Law of the People's Republic of China, Paragraph 2 of Article 22 of the Road Traffic Safety Law of the People's Republic of China, and the Supreme People's Court's According to Article 10 and Paragraph 1 of Article 11 of the Interpretation II of Several Issues Concerning the Application of the Insurance Law of the People's Republic of China, Zhao Moubao violated the prohibitive provisions of the law by driving under the influence of alcohol. The liability can be exempted if the obligation to remind is reached. Considering that Zhao's serious illegal behavior has great social harm, Zhao's lawsuit was rejected based on this. It ignored that the insurance company's compulsory traffic insurance was only exempted from unlicensed driving, drunk driving, and theft. The four statutory situations of motor vehicles and intentional accidents, hit-and-run and drunk driving are not statutory situations that are exempt from compulsory traffic insurance. Therefore, the court’s reasoning mainly focused on the identification of drunk driving and the burden of proof, which can better enable Zhao Make sure you understand clearly.

Of course, the original judgment held that "Zhao's driving after drinking was a serious illegal act and an act that caused great harm to society. If compensation is paid for illegal acts, it will condone the occurrence of illegal acts and lead to a wrong value orientation. There are also It violates the original intention of establishing the insurance system. "It is worthy of recognition to maintain a safe and stable social order under the guidance of correct value orientation." Therefore, the (2019) Wan 15 Civil Judgment No. 1036 was issued: the appeal was dismissed and the original judgment was upheld.

Extended reading

1. Guiding Opinions of the Supreme People's Court on Deeply Promoting the Integration of Socialist Core Values ​​into the Interpretation and Reasoning of Judgmental Documents (2021)

In order to deeply implement the work requirements of the Central Committee of the Communist Party of China on further integrating socialist core values ​​into the construction of the rule of law, correctly implement Implement the Civil Code, give full play to the rule-leading and value-oriented role of judicial adjudication in national governance and social governance, further enhance the credibility and authority of judicial adjudication, strive to achieve the value goals of prosperity, democracy, civilization, and harmony, and strive to pursue freedom, In line with the value orientation of equality, justice, and the rule of law, we strive to practice the value principles of patriotism, dedication, integrity, and friendliness, and in combination with the actual trial work, we hereby offer the following opinions.

1. To further promote the integration of socialist core values ​​into the interpretation and reasoning of judicial documents, the following basic principles should be adhered to:

(1) Combining the rule of law with the rule of virtue. Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, implement Xi Jinping Thought on the Rule of Law, be loyal to the Constitution and laws, organically combine legal evaluation with moral evaluation, and deeply interpret the national value objectives, social value orientation and citizen value standards embodied in laws and regulations, Realize that the rule of law and the rule of morality complement each other and complement each other.

(2) People-centered. Interpretations of judicial documents should actively respond to the people's new demands and expectations for fair justice, accurately clarify matters, explain legal principles in detail, actively explain reasoning, strive to pay attention to liberal arts, and continuously improve the people's satisfaction with judicial decisions, so as to Judicial justice leads to social fairness and justice.

(3) The organic unity of political effects, legal effects and social effects. Based on the times, national conditions, and culture, we should comprehensively consider factors such as law, reason, and emotion, strengthen the guiding role of socialist core values, and continuously enhance the legal identity, social identity, and emotional identity of judicial decisions.

2. People’s courts at all levels should further promote the integration of socialist core values ​​into the interpretation and reasoning of judicial documents, use the socialist core values ​​as an important guide for understanding the purpose of legislation and legal principles, and as an important criterion for testing whether discretionary power is reasonably exercised to ensure that Accurately identify facts and correctly apply laws. For cases where the adjudication results have valuable guidance and behavioral normative significance, judges should strengthen the use of socialist core values ​​to interpret laws and reasoning, and effectively play the functions of judicial adjudication in regulating, evaluating, educating, and guiding in national governance and social governance, so as to achieve fairness and justice. Referees establish rules of conduct and cultivate and promote core socialist values.

3. People’s courts at all levels should adhere to facts as the basis and law as the criterion. When interpreting and reasoning the law, one should focus on the focus of the dispute, and focus on explaining the process and reasons for the determination of adjudicative facts and the application of law based on the court evidence, cross-examination, court debate, legal investigation, etc., combined with the core socialist values.

4. Judgments of the following cases should strengthen the application of socialist core values ​​in interpretation and reasoning:

(1) Cases involving national interests, major public interests, and widespread social concern;

(2) Cases involving epidemic prevention and control, emergency rescue and disaster relief, Cases involving the protection of heroes, courageous acts of justice, self-defense, emergency avoidance, helping others, etc., which may trigger social moral evaluation;

(3) Involving the protection of vulnerable groups such as the elderly, women, children, disabled people, and special groups, the parties to the litigation Cases that are highly controversial and may arouse widespread public attention;

(4) Cases involving public order and good morals, customs and habits, equal rights, ethnic groups, religions, etc., where the parties to the litigation are highly controversial and may arouse widespread public concern;

(5) Cases involving new situations and new issues that require in-depth interpretation of legal provisions, judicial policies, etc., leading social trends and establishing value orientation;

(6) Other cases where the use of socialist core values ​​in interpretation and reasoning should be strengthened.

5. If there are normative legal documents as the basis for judgment, the judge should first explain the relevant provisions of the normative legal documents based on the circumstances of the case, and then combine the original meaning of the law and use socialist core values ​​to further clarify the legal connotation, clarify the legislative purpose, and discuss the judgment. reason.

6. If there is no normative legal document as the direct basis for judgment in civil and commercial cases, in addition to applicable customs, the judge should also be guided by the core socialist values ​​and use the most similar legal provisions as the basis for judgment; if there is no most similar legal document The law stipulates that judges should make judicial decisions based on the spirit of legislation, legislative purposes and legal principles, and fully use the core socialist values ​​in the decision documents to explain the basis and reasons for the decision.

7. If the case involves multiple value orientations, the judge should make judgments, weigh and choose based on the legislative spirit, legal principles, legal provisions and socialist core values, determine the value orientation applicable to the individual case, and state the basis in detail in the judgment document and its reasons.

8. If the public prosecutor, parties, defenders, agents ad litem in criminal proceedings, and parties, agents ad litem, etc. in civil or administrative proceedings, cite socialist core values ​​as grounds for defense in litigation documents or in court trials, the People's Court Generally, responses should be made in the form of oral feedback, trial explanations, etc.; for cases falling under Article 4 of these Opinions, the People's Court should clearly respond in the judgment document.

9. Deeply promote the integration of socialist core values ​​into judicial documents. Interpretation methods should be used correctly:

(1) Use the method of literal interpretation to accurately interpret the spiritual connotation of the socialist core values ​​contained in legal provisions and fully explain the social The inherent requirements and specific context of the core values ​​of doctrine in individual cases.

(2) Use the method of systematic interpretation to connect legal provisions with the socialist legal system with Chinese characteristics and the socialist core value system, comprehensively and systematically analyze the connotation of legal provisions, and correctly understand and apply the law.

(3) Use the method of purpose explanation, take the social development direction and legislative purpose as the starting point, give full play to the value role of purpose explanation, and make the interpretation and reasoning consistent with the legislative purpose and legal spirit.

(4) Use the method of historical interpretation, combined with the current level of social development, to rationally judge and effectively balance the political, legal and social effects of judicial decisions, and promote social stability and sustainable development.

10. Interpretations and explanations of judgment documents should use concise, clear, and easy-to-understand language, pay attention to appropriate complexity and simplicity, enrich rhetorical arguments, and improve the acceptance and recognition of language expressions and explanations.

11. The people’s courts should explore and establish a case identification mechanism that strengthens the application of socialist core values ​​in interpreting and reasoning. The case filing department, the trial department, the president, and the chief judge should strengthen the review of the subject of the case, the litigation claims and other elements, and promptly Identify key cases that strengthen the application of socialist core values ​​to interpret and reason the law, and organically connect them with the trial power restriction and supervision mechanism.

12. People’s courts should conscientiously implement relevant requirements such as the “Guiding Opinions of the Supreme People’s Court on Unifying the Application of Laws and Strengthening the Search for Similar Cases (Trial)” and the “Opinions of the Supreme People’s Court on Improving the Working Mechanism of Unified Standards for the Application of Laws” and unify the application of laws. , to ensure the consistency of interpretation and reasoning using socialist core values ​​in similar cases.

13. For cases stipulated in Article 4 of this Opinion, if the cases need to be submitted to a meeting of professional judges or a judicial committee for discussion according to the relevant provisions on trial management, the judge should focus on the opinions on the use of socialist core values ​​to interpret and reason the law.

14. People’s courts at all levels should regularly organize and carry out professional training for judges, combine professional training with the implementation of the Civil Code, insist on equal emphasis on learning legal knowledge, professional skills and core socialist values, and strengthen judges’ use of core socialist values ​​to interpret the law. The enthusiasm and consciousness of reasoning can continuously improve the judge’s ability to interpret the law and reason.

15. The People’s Court carefully collects and listens to the public’s opinions and suggestions on judgment documents through the China Judgment Documents Network, the “Faxin” platform, the 12368 litigation service hotline, the China Applied Law Digital Service System, the Dean’s Mailbox, etc., and explores Use big data for overall analysis to understand the public's feedback on the judgment documents to the greatest extent, and take measures to improve them.

16. The people's courts should give full play to the exemplary and leading role of excellent judicial documents, improve the evaluation and incentive mechanism for excellent judicial documents, and actively organize and carry out the selection of "excellent judicial documents using socialist core values ​​to interpret the law and reason", and the selection results should be regarded as the performance of judges An important reference for assessment.

7. The Supreme People's Court and all higher people's courts should regularly collect, organize and compile typical cases that use socialist core values ​​to interpret and reason the law, strengthen publicity and education work, further encourage the people to integrate the spirit of the rule of law into social life, cultivate and create A legal environment that consciously practices the core socialist values.

18. All higher people's courts may, based on these opinions and in combination with actual work conditions, formulate implementation details for the interpretation and reasoning of criminal, civil, administrative, state compensation, enforcement and other judgment documents, and submit them to the Supreme People's Court for record.

19. These opinions will come into effect on March 1, 2021.

Reprinted from: Insurance litigation reference