[摘要]机动车雇主责任保险,是介于机动车责任保险和雇主责任保险之间的一个交叉性产品。现阶段,我国独立产品形态的机动车雇主责任保险缺位,导致其他保险产品不得不采取变通的方式来部分地满足市场需求。然而实践中,这种变通方式弊大于利。因此,我国开发独立产品形态的机动车雇主责任险条款势在必行。开发机动车雇主责任保险应转变观念,从被保险人的角度出发创新产品;借鉴台湾地区经验,走独立产品形态的路线;重新梳理现行机动车保险产品,使其更加符合市场规律;严格相关险种的承保管控,避免产品间的不良替代。 [关键词]机动车;雇主责任;保险条款 [中图分类号] F840.65 [文献标识码] A [文章编号]1004-3306(2007)11-0028-03 Abstract: Employer’s liability insurance on motor vehicle third party is a cross product between motor vehicle third party liability insurance and employer’s liability insurance. Now, there is no independent insurance plan about the employer’s liability insurance on motor vehicle third party, and insurers use other products to partly meet market demands. However, this contingency practice has more disadvantages than advantages in reality. It is necessary under this situation to design an independent product for employer’s liability insurance on motor vehicle third party. In doing so, we need to transform our concepts and perceive this new product from the viewpoint of the insured. Experiences of Taiwan insurance market can be referred to in the process. Furthermore, we need to streamline current motor vehicle insurance products, bringing them in line with market rules. Meanwhile, underwriting activities should be closely regulated to avoid vicious product replacement. Key words:motor vehicle; employer’s liability; insurance clause