论保险公司先付责任--兼析《道路交通安全法》第75、76条

保险公司先付责任的理论与实践基础在于责任保险给付的第三人性以及保险公司社会责任的扩张。先付责任实质为保险金的先行给付，其同被保险人与第三人赔偿责任确定无关，且保险公司承担先付责任后一定条件下享有追偿权。机动车第三者强制责任险规则出台前保险公司不应承担先付责任。目前，应尽快出台机动车第三者强制责任险规则，并对受害人诉请抢救费用、保险公司履行先付责任的程序细化。增加其可操作性。

On Prepayment Responsibility of Insurance Agent--Analyzing the Items 75 and 76 of "Road traffic security regulations"

The prepayment responsibility of insurance agent is based on the foundation of the third party-character of payment of liability insurance theoretically and practically. The prepayment responsibility is the prepayment of insurance coverage and independent of the confirmation of compensation responsibility between insurant and the third party. Insurance agent takes the repay right after bearing the prepayment responsibility in certain conditions. Insurance agent should not bear the prepayment responsibility before constitution of regulations of the third party compulsory liability insurance of vehicle. Presently, regulations of the third party compulsory liability insurance of vehicle should be constituted, and the proceedings of requesting for charge of salvage should be framed concretely.