随着交强险的日益普及,保险争议案件也随之与日俱增。如何维护司法公正,保障利益平衡成为当前社会亟须解决的法律问题。虽然法律对交强险中“第三者”的范围做了相应规定,但过于笼统和僵硬的设置导致在司法实务中面临巨大挑战,尤其是“车上人员”与“第三者”身份转化的问题一直备受争议。从既要保护弱者又要兼顾保险人利益的角度出发,建议在认定具体的保险事故“第三者”时,应内外结合,满足外部时空条件的同时,还应坚持保险近因原则,以寻求一个适度的“第三者”范围。 With the increasing popularity of strong insurance, insurance disputes will also increase with each passing day. How to maintain judicial fairness and safeguard the balance of interests has become an urgent legal issue for the society. Although the law regulates the scope of “third parties” in the field of high-risk insurance, too general and rigid arrangements lead to great challenges in the administration of justice, especially the “third party” and “third party” “The issue of identity conversion has been controversial. From the perspective of protecting both the weak and the interests of the insurer, it is suggested that, when identifying a specific ”third party“ of an insurance accident, it should be combined internally and externally to meet the external conditions of time and space as well as adhere to the principle of insurance proximity, To seek a modest ”third party " range.