Is transportation safety mutual assistance service commercial insurance?The prosecutor explores

At present, safety mutual assistance (also known as "safety coordination") in the transportation industry is generally existed. It is a fee to transport enterprises in accordance with certain standards. The cost of expenses obtains the service of the corresponding economic compensation. How to accurately identify the legal nature and legal effects of security mutual aid services is essential for the identification of the liability for compensation for traffic accidents and the right to rescue of the victim.

Recently, the procuratorial organs of Qingyuan City, Guangdong Province successfully handled the application for supervision of the application for safety mutual assistance service road traffic accident damages. In this case, the court of first trial determined that the security mutual assistance services between the two transportation companies were commercial insurance, and the "mutual aid company" assumed the insurance liability within the agreed limit. The victim of the traffic accident believes that the security mutual assistance service is obviously not commercial insurance, and cannot be damaged due to the qualitativeness of the wrong. So, is there any legal provisions for the nature of security mutual assistance services? The Qingyuan Procuratorate clarified the legal issues behind this case, and effectively safeguarded the legitimate rights and interests of the victims of the traffic accident.

Victim of the victim of a car accident claim for compensation

The compensator identified by the court

But there is no property to execute

In November 2016, when Tan drove the number without a number of ordinary motorcycles, when Wu Mou drove to a section of a certain district in Qingyuan City, in the process of surpassing Deng's heavy semi -hanging tractor (hereinafter referred to as the "traction vehicle") In accidental collision, Tan and Wu were crushed to death. The "Road Traffic Accident" determined that Tan was responsible for the main responsibility of the accident, and Deng was responsible for the secondary responsibility. Wu did not bear the responsibility.

After the accident, Wu's close relatives complained Deng, A Transportation Company, B Transportation Company, and C insurance companies to the court to request compensation. At the same time, it was clearly stated that Tan would not be held accountable. The court found that the case was owned by the car to the A transportation company. Deng was an employee of the company and was performing his duties at the time of the incident. And to insure the motor vehicle traffic accident liability for motor vehicle traffic accidents.

According to the trial, the "mutual aid agreement" signed by the Cross Corporation involved in the case involved in the case and the B Transportation Company was a third -party liability insurance in the business. According to the "Supreme People's Court on the trial of road traffic accident damage compensation cases, the explanation of several legal issues in the case of applicable laws in the case of the case of the application of laws of laws were applied. 》 [Law Release (2012) No. 19] The rules of compensation stipulated in Article 16, first compensation for insurance companies with strong insurance, and the insufficient part of the insurance company of the third party liability insurance for business business; The infringer was compensated, and the court used the B transport company as the second -ranking insurance company to pay the victims.

In May 2017, the court made a verdict to determine that Wu's party caused a total of 1.07 million yuan due to the accident, which was paid 110,000 yuan within the limit of the liability for the strong insurance. In view of the fact that Wu, the party stated that he would not hold Tan's responsibility and the remaining remaining. 960,000 yuan shall bear 30%of the liability for compensation as an employer of Deng, that is, 288,000 yuan; the mutual assistance limit stipulated in the "Security Mutual Aid Service Agreement" signed by the two transport companies A and B is 500,000 yuan, It was able to compensate for the loss of Wu, so he ordered Deng and A Transportation Company without liability for compensation.

After the verdict came into effect, Wu had applied for mandatory execution in the court. After CRAR, the Court of Insurance Corporation will perform the compensation part of the B Transportation Company in accordance with the contract within the limit of the liability for the strong insurance insurance. After investigation, the court found that the company B had no property to execute, and then ruled that the execution procedure was ended.

Application for supervision of dissatisfaction execution results

The prosecutor explores the "security mutual assistance service"

Regarding such results, Wu certainly could not accept it, so he applied for supervision to the procuratorate.

The prosecutor's review found that in practice, the government encouraged the transportation industry to adopt a safe and mutual assistance method to improve the ability of corporate vehicle operations to better guarantee the victims to obtain damage compensation. In judicial practice, if the security mutual assistance service is determined as a commercial insurance, the situation of the party in the case may occur in the case, that is, if the property has no property to implement it, the infringer Deng Mou and Jia and Jia and Jia can not be investigated. The liability for compensation for the transportation company caused Wu to get the corresponding compensation.

So, does the security mutual assistance service involved in this case belong to the insurance category? Through a comprehensive search, the prosecutor learned that in response to the characteristics of high operating risks of transportation enterprises and a large amount of accident claims, in order to ensure that enterprises achieve safety production and effective accident claims, Yunnan Province first established a traffic safety overall system in 1993. The provincial Department of Transportation of the Provincial Department of Transportation pays the traffic safety coordinated fee based on the number of vehicles owned, and vehicles used to participate in traffic coordinated vehicles have compensated various economic compensation after a traffic accident and a natural disaster, passenger accidental damage.

After the introduction of the Road Traffic Safety Law, the Legislative Office of the State Council responded to whether the vehicle participating in traffic safety coordinating can be regarded as a third -party liability for compulsory insurance. Third party liability for compulsory insurance. It can be seen that the Legal Office of the State Council does not specify the nature of traffic safety coordination or mutual assistance services.

2010年4月，交通运输部、公安部、国家安全监管总局联合印发《关于进一步加强和改进道路客运安全工作的通知》，提出“鼓励各地积极探索采用安全统筹行业互助形式，提高企业安全工作和The ability to resist risks. "In July 2012, the" Opinions of the State Council on Strengthening Road Traffic Safety "was released, proposing" encouraging transportation enterprises to adopt traffic safety coordination and other forms to strengthen the industry's mutual assistance and improve corporate anti -risk capabilities. "In 2018, 4th 4 On the month, the Ministry of Transport, the Ministry of Public Security, and the Ministry of Emergency Management jointly issued the "Safety Management Specifications for Road Passenger Transport Enterprises", which clarified that "encouraging passenger enterprises to actively explore and improve the form of mutual assistance in the industry and improve the ability of enterprises." It is difficult to see that the system has strong public welfare. The original intention of establishment is to consolidate the joint efforts of various enterprises within the industry through mutual assistance, jointly resist the risk of traffic accident claims, and help enterprises reduce compensation caused by possible traffic accidents at any time at any time. pressure. Although security mutual assistance and commercial insurance have similarities, it is not the same thing. According to Article 6 of the Insurance Law: "The insurance business established in accordance with this law and other insurance organizations stipulated by laws and administrative regulations operate, other units and individuals shall not operate insurance business." Chinese law clearly stipulates the main body of the insurance business. The "mutual aid company" usually does not have the qualifications of insurance business business, and the security mutual assistance services provided are not commercial insurance. The contract signed only has the effectiveness of general contracts.

Procuratorate protest in accordance with the law

The court re -judged the judgment and re -determined the compensator

According to in -depth review, the procuratorial organs believe that according to Article 6 of the Insurance Law, a transportation company B does not belong to insurance companies or other insurance organizations established in accordance with the law and shall not operate insurance business. The nature of security mutual assistance services between the two transport companies A and B is not the third party liability insurance in the business. In principle, the relevant agreement only generates the effectiveness of the contract between the parties to the contract. There are situations where the facts are determined to be unclear and the application of law errors.

After the physical problem clarifies, it is accompanied by the process of starting retrial. Before applying for supervision from the procuratorial organs, a certain party had applied to the court for retrial. After the prosecutor carefully reviewed the file materials, it was found that the "Business License" and "Organization Code Certificate" submitted to the collegiate panel during the original trial process did not present and the proves during the trial stage, and these two evidences can prove that this can be proved to this. The company is not an insurance institution, does not have insurance business business qualifications, and does not include the key evidence of insurance business. ) "Article 10 stipulated" should be regarded as new evidence ". According to this case, the case has new evidence and is enough to overthrow the original verdict, and the supervision process is launched in accordance with the law.

Prosecutors of case handling of procuratorates in Qingyuan City and District of Guangdong Province are discussing the case

After the Procuratorate of Qingyuan City filed a protest in accordance with the law, in April 2021, the Qingyuan Intermediate Court launched a civil judgment after the re -review procedure was launched, the verdict was canceled, and the Judicial A transport company was liable for the compensation of Wu. The transportation company assumes the joint responsibility for the compensation within the mutual aid limit.

Qingyuan City Procuratorate in Guangdong Province sent staff to attend the retrial court

After the procuratorial organs take effect, the procuratorial organs take the initiative to follow up the implementation of the court to fully safeguard the legitimate interests of the close relatives of the victim. Because the executors and the implementation targets are in the field, coupled with the impact of the epidemic prevention and control, these have brought some difficulties on the implementation of the court. The procuratorial organs actively urged the court to take implementation measures such as seizure, seizure, and freezing to steadily advance the progress of the implementation of this supervision case.

Procuratorial supervision and respect for industry policies and regulations

Call for the legal risk of the industry

According to the relevant person in charge of the Sixth Procuratorate of the Qingyuan City Procuratorate, in recent years, in the process of reviewing road traffic accident damage compensation cases involving security mutual assistance services, the nature of the safety mutual assistance service and its effectiveness have not been the same. After the case of the case, the case of road traffic accident damage compensation involving safety and mutual assistance in Guangdong Province in the past 5 years found that except for the class case, a total of 7 judgments believed that the security mutual assistance service was a third party liability insurance. Responsibility for insurance; another eight judgments believe that security mutual assistance services are not a third -party liability insurance in the business, and their effectiveness is only between the contract. Different views have caused the results of the referee to be very different, and the phenomenon of "different judgments in the same case" in many places in the country.

"Explanation of the Supreme People's Court on the Application of Laws on the Application of Laws of Road Traffic Accident Damage Cases" [French Release (2012) No. 19] stipulates that at the same time, traffic accidents that cause traffic accidents and commercial risks cause damage caused damage caused by traffic accidents caused If the parties sue the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules: (1) The insurance company that underwrites the insured to pay the strong insurance company will compensate for the scope of the liability limit; The insurance company compensate for compensation according to the insurance contract; (3) If there are still insufficient, the infringer shall be compensated by the infringer in accordance with the relevant provisions of the road traffic safety law and the infringement liability law. For mental damage, the people's court should support it. It can be seen that the legal qualifications of security and mutual assistance services directly affect the issue of the liability for compensation for traffic accidents, which is related to the rights and interests of civil compensation by the infringer. "While the procuratorial organs carry out accurate supervision in accordance with the law, they should also respect the national policies and regulations of special industries, and integrate the protection of economic development and maintain fairness and justice into the legal supervision practice of procuratorial organs." Insurance has similarities, but the law does not clearly stipulate that it belongs to the insurance business. In the case of supervision involving security mutual assistance services, the procuratorial organs shall accurately apply the law to urge the court to correctly identify the legal effectiveness of security mutual assistance services to avoid the situation where the service is expanded as commercial insurance and causing the inability to investigate the liability of the infringer damage compensation liability. occur.

In September 2021, the Guangdong Provincial Insurance Association issued a risk prompt to clarify that the security mutual aid business was not insurance business. The procuratorial organs remind the majority of transportation companies: correctly understand the nature and risk compensation function of security mutual assistance services, and cannot give up the purchase of regular commercial insurance; while buying security mutual assistance services, we must also identify the asset status and operation of the "mutual aid company" and operate In the case, rationally judge whether it has the ability to fulfill mutual assistance.

As a result

Safety and mutual assistance services in the transportation industry are a service that guarantees transportation enterprises to achieve safety production and effective accident claims. In judicial practice, how to accurately identify the legal nature of safety and mutual assistance services is essential for the confirmation of liability for compensation for traffic accident damage and the relief of the victim's rights. The city's procuratorial organs have provided a sample that can be borrowed for the successful handling of Wu's close relatives' application for supervision cases to clarify the boundaries of security mutual aid services and commercial insurance, unified and correctly applying laws, reminding industry risks, and carrying out the source of complaints.

The deepening of the governance of complaints is an important way for the procuratorial organs of the new era to perform their duties and promote the modernization of the national governance system and governance capabilities in accordance with the law. In recent years, the procuratorial organs of our city have focused on integrating development and adhering to innovation -driven, adhering to the concept of "reviewing and jumping out of the file, supervising the jumping out of lawsuits", and focusing on promoting integration, professionalization, digital construction, and striving To the extreme in order to use the procuratorial performance to serve the high -quality development of the economy and society.

The first is to make the case to the extreme. In this case, the prosecutor stood at the perspective of civil disputes, conducted detailed review and investigation, quickly grasped the focus of disputes, precisely proposed a protest opinion, and laid the foundation for the successful handling of the case. In recent years, the city's procuratorial organs have made a complete element review work through formulating the handling of the case handling work and the regulatory case review work process, so that the supervision and handling of the case to achieve political effects, social effects, and legal effects; The sex handling team is a comprehensive review and investigation to ensure that the investigation and verification of the work and the vertical and horizontal to the edge.

The second is to maximize the supervision of cases. During the process of handling this case, the prosecutor went through the original intention of the establishment of the relevant system involved in the focus of disputes through case search and legal retrieval, and comprehensively considered factors such as judicial policies and social backgrounds when the referee made. The prosecution opinions were adopted by the court, and the "different judgments of the same case" in related fields were also effectively resolved. In recent years, the procuratorial organs of our city have undergone cases to cut into the port, continuously improved the comprehensive ability of prosecutors, and optimized the supervision model. Such as focusing on integrated construction, formulating the "four inspection integration" work guidelines, clarifying matters such as clues, mutual evidence, negotiation and processing, etc., break the barriers of legal supervision and performance duties, and form legal supervision of mutual connection, mutual support, and integration development. pattern. For example, focusing on field collaboration, based on the key areas of inspection services such as intellectual property protection, ecological environmental protection, and network space governance, and build a specialized comprehensive case handling agency. Another example is to focus on digital empowerment, build a local database library, and use legal supervision of the "small project" as a traction, create a number of supervision and application models, and break through the time domain restrictions of traditional legal supervision.

The third is to maximize system governance. The construction of the rule of law should not only grasp the end, cure the disease, but also grasp the front end and treat the disease. After the case was restructured in this case, the prosecutor followed up and questioned the effectiveness and urged the implementation in a timely manner, so that the disputes were clearly clarified throughout the city. Supervision of deep problems. In recent years, the city's procuratorial organs have paid more attention to extending from case supervision to system governance and strengthening the source governance of procuratorial links. For example, build and use the procuratorial hearing room, mobile hearing room, actively carry out civil procuratorial settlement, judicial assistance, etc., and substantially resolve diversified controversy; deepen the "procuratorial recommendation+research report" work mechanism, focus on supervising and correcting systemicity and tendencies The issue of universality, since this year, through the publication of social governance procuratorial suggestions, it has promoted the solution of the difficulties and pain points of a group of social governance. (Chen Cen, Secretary of the Party Group and Attorney General of Qingyuan Procuratorate in Guangdong Province) (Prosecutor's Daily Xie Yu Wang Qiyuan)

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