Legal Research On Double Insurance

With the rapid development of the insurance industry, many kinds of insuranceincrease appear. The phenomenon of repeat insurance has attracted more and moreattention. The Standing Committee of the National People’s Congress voted through therevised insurance law in2009February. The main change is the meaning of doubleinsurance. It added the element of the double insurance, that the insured amount shouldexceed the insured value. So far, our country turned from the generalized repeatinsurance to narrow repeated insurance. This revision changed the defined standards ofthe repeat insurance. It is important to prevent and combat with the unjust enrichmentand moral hazard. However, this revision does not involve some unreasonable system ofdouble insurance legal system. The insurance industry practice in daily life often facesto lawlessness.Our double insurance system can not adapt to the development of theinsurance industry. In view of this, the author proposed some suggestions. The repeatinsurance is suitable for all the loss compensation insurance. Responsibility principleuses the compensation principle. Distinguish the good faith double insurance and badfaith double insurance and the insurance contract shall be invalid when it is the bad faithdouble insurance. Add the legal consequences when the insured fails to perform theobligations of notification.This paper is divided into four parts:The first part: the basic theory of double insurance. This part begins with the analysisof the meaning of the double insurance. It introduces the generalized double insuranceand narrow repeated insurance. As author holds the narrow sense, it discusses the sixcomponents of the double insurance. Finally, it explains the significance of the doubleinsurance system.The second part: foreign insurance legal system and the evaluation. It introduces theprovisions of the United Kingdom, Germany, Japan and France. And it also makes thecorresponding evaluation. By summing up the double insurance system in the othercountries, it puts forward some experience.The third part: the status and problems of the double insurance system in china. Itintroduces the legislative situations of the double insurance system in our country, andputs out some problems. For example, the scope of application is not clear. Theobligation of notification provisions lacks interoperability. It does not define the legaleffect of the insurance contract. The responsibility principle is unfair.The fourth part: the measures to perfect the legal system of double insurance inChina.This part is the focus of the paper. According to the existing problems in ourcountry, it puts forward the measures to perfect the legal system of double insurance. Itproposes to widen the scope of application, perfect the regulation of the noticing duty,and reprove the provisions of the legal effect of insurance contract. At last,responsibility principle uses the compensation principle.