Talking About The Nomology Improvement Raised By The Conflict Between Theoretic Explaining And Law Applying In No 68 Ordinance Of Insurance Law

In China, as defined in the law, Insurance contracts are divided into property and life insurance two aspects according to different objects. However, concerning life insurance contract, practice and learning have long time been disputing whether principle of indemnity would be completely denied and whether insurance company would be definitely not awarded the right of subrogation. It is precisely the regulation in No 68 ordinance that cause all these arguments. Thus, aiming at above argument, by taking several cases'sentence, this article will further our understanding to the principle of insurable interest, principle of indemnity and rethink the right of subrogation, which related to hospitalization insurance. In addition, it will analyzed the fairness and rationality between the two argued standpoints with the combinations of civil law, Right of claim, Balance of Interest Theory. Lastly, Article sets forth how should the counselor explain the law, judge the law, and deal with the reality cases whenever theoretic explaining and law applying come to a conflict.And furthermore, article brings suggestions to perfect insurance law and relative explanations from point review of innovating concept, updating the classification, ruling standardization, re-scanning the legislate stipulation of subrogation, nailing down the application scope for insurable interest or indemnity, and using new technology of abroad laws for reference etc.