近年,我国各地政府与保险公司合作实施自然灾害公众责任保险,为普通民众遭遇 自然灾害事故受损提供救助,取得了良好的实际效果,受到各方积极支持。但有观点认 为,此险种的标的是国家救助责任,与责任保险的标的是民事责任不符,违背了保险法 原理,其合法地位也因此备受争议。似乎,现实与法理存在着强烈的冲突。这也引发了 责任保险的标的是否仅限于民事责任的范围的疑问。从责任保险发展历史来看,它在产 生之处也饱受违背侵权法原理的质疑,直到21世纪,在强烈的社会需求下,责任保险为 受害方的人身损失和财产损失提供了强有力的救济,是实现侵权责任补偿功能的主要保 障措施,并进而成为在维护社会稳定和保障经济发展的重要金融途径。未来,同样具有 强烈社会需求的自然灾害公众责任保险也会在自然灾害补助方面提供稳定补偿、提升保 障水平。因此它的存在具有现实必要性。从国家救助责任的性质和功能来看,它是一种 法律责任,肯定其可保性具有重要意义。原因在于,现代责任保险已经成为国家解决重 要问题的金融工具,其意义也绝非解决行为人与受害人之间的侵权法律问题,更多的是 为国家提供一种实现环境管理职能的经济途径。实质层面是保险原理维护社会公众安全 的经济政策。因此,自然灾害公众责任保险具备合理的理论可能。应以自然灾害公众责 任保险为例,确立国家救助责任具有可保性,并在条款设计、政策支持、市场监管等方 面予以明确规定。
In recent years, insurance of national disasters responsibility which provides relief for ordinary people who suffer from natural disasters, have achieved good results. However, there is a view that the insurance product violates the principle of insurance law, because its subject is national rescue responsibility and the subject of liability insurance is civil liability. It seems that there is a strong conflict between reality and jurisprudence. This also raises the question that whether the subject of liability insurance is only limited to the civil liability. From the history of liability insurance, it is also suffering from doubt because it may contrary to the principle of tort law until twenty-first Century, then it can provide a powerful remedy loss of the injured party and the loss of property when it faced the strong demand of the society. Now it is the main security measures to realize the compensation function of tort liability, and then become the important financial means for social stability and security in the economic development. In the future, insurance of national disasters responsibility which also has strong social demand, will also provide stable compensation and upgrade the level of protection in natural disaster events. Therefore, it is necessary. From the view of the nature and function of the responsibility of state assistance, it is a legal responsibility, and it is of great significance to affirm its insurability. The reason is that modern liability insurance has become a financial tool for the country to solve important problems. Its significance is not only to solve the tort law problems between the actors and victims, but also to provide an economic way for the country to achieve environmental management functions. In the substantive level it is the economic policy which apply the principle of insurance to safeguard the public security. Therefore, insurance of national disasters responsibility has a reasonable theoretical possibility. Taking it as an example, it is necessary to establish the responsibility of national relief, and stipulate it clearly in terms of design, policy support and market supervision.