Study On The Insured's Rights Under The View Of Insurance Law

In China, The Insurance Law regards the insured as the related party of the insurance contract, however, The Maritime Law of China regards the insured as the related party of the maritime insurance contract. The conflict between the laws not only leads to the inconsistency of application of law, but also damages the protection of the insured's rights. At the same time, the adhesion of the insurance contract makes the insured lose the equal opportunity to negotiate the articles of the insurance contract, which opposes to the insured whose property, body or life are the target of the insurance contract. This article studies the insured's right by means of comparative analysis from the perspective of the insured.This article consists of three chapters, besides the preface and the conclusion.Chapter1 is about the introduction of the insured's rights. In this chapter, the author mostly discusses the insured's status in the insurance contract and the influence of adhesion of the insurance contract on the insured. At the same time, the author discusses the regulations of the insured's right by comparing The Insurance Law of China,The Insurance Law of Japan and The Insurance Law of Taiwan, China.Chapter 2 discusses the theories and practices of the insured's rights. In this chapter, the author illustrates the theories about protecting the insured and summarizes the practices which protect the insured's rights in China and abroad. Particularly, the author also discusses the systems of insurance broker and the court's censorship of the articles of the insurance contract because they are very important to protect the insured's rights.Chapter 3 is concerned about perfecting the insured's right provisions in The Insurance Law of China. In this chapter, the author discusses the deficiencies and defects of the insured's right protection in The Insurance Law of China, and then brings forward the author's suggestions on the amendments to The Insurance Law of China.