On Insurance Benefit Principle In New Insurance Law

Insurance benefits, also known as insurable interest is an essential condition for the establishment of insurance contracts. The function of insurance benefits is to protect the healthy development of insurance activities,to decide eligibility for insurance contracts,and to affect the content and effectiveness of insurance contracts. The main manifestation of insurance benefits is the result from the property rights, and the creditor's rights, the expectation benefit which lives because of the existing benefit, the benefit which lives because of the specific legal relationships.Insurance benefits principle is a basic principle of Insurance Law, which created the fundamental purpose is to prevent the occurrence of moral hazard, in order to better achieve the " risk dispersion, compensation loss" functions.This point has become a consensus in the insurance industry. Nowadays, although the national insurance legislation has set up the principle of insurance benefits established as one of the basic principles of insurance contracts, there are still some differences in the understanding fundamental meanings and applications. Accordingly, inevitably have the different influences to the insurance practice. Therefore, profoundly inquiring and reflecting insurance benefits principle's meaning and application conditions, regarding the insurance theory, the insurance practice as well as the insurance legislation have the positive sense.The former Insurance Law was related to the principle of insurable interest requirement, but in recent years, as the rapid development of China's insurance industry, the insurance industry's external environment and internal structure has undergone profound changes. The former Insurance Law no longer adapt to the current insurance industry reform and development. In the insurance market entities, insurance companies'business scope and using channels of capital, means of supervision, behavior standards of insurance operational, and so forth have weaknesses. February 28,2009, the Third Session of the NPC Standing Committee considered and adopted the Insurance Law Amendment Bill and put into effect on October 1,2009.The New Insurance Law:the main body of the insurance interests of the expansion of exsiting time more explicit insurance benefits, insurance benefitsaffect the validity of insurance contracts is more scientific and detailedlife insurance also increased interest in the identification. In this thesis, as the relevant provisions of our new "Insurance Law" for a starting point, make great effort to slove many problems in the operation of insurance practice,and better safeguard the insured party,the insurance side and the legitimate rights and interests of the insured party to promote the insurance industry standard,orderly, and healthy development,but the loss of insurance benefits and the agreement of insurance interests and so forth need further improved and put forward the reasonable proposal to further perfect insurance interest principle's related legislation and judicial interpretation.