The Interpretation Of Insurance Contract

The recent years have seen China's soaring economic development, with the insurance industry making its progress at an alarming rate. However, China's insurance industry started relatively late, and is still at the initial stage of development, unable to fully meet the urgent needs coming from the reform and open-up. In such a good momentum, Nor can we overlook the frequent unfavorable appearances on the newspapers such as insurance contract disputes and litigation, which could not only seriously affect the insurance company of its normal business activities and corporate image, but also could reduce the public's trust in insurance companies; to a larger extent, it will surely affect the otherwise healthy development China's insurance industry.Insurance contract interpretation of an insurance contract dispute works as one of the vital means and methods of dispute settlement proceedings and the judgment. Indeed, the insurance contract interpretation system in the legislative does have some defects, sometimes unable to give a fair and reasonable interpretation of some phenomena. Therefore, I chose "On the insurance contract interpretation" as the subject of the Master's degree thesis. The legal paper, starting from the jurist theory, makes a detailed analysis and study on China's insurance contract interpretation practice, with the help of the comparison with the Western contract interpretation and explanation either in theory or in practice, makes a best use of the latest research results gained by some experts and scholars either domestic or abroad. The thesis is one closely related with China's insurance industry development, and is of some value with its forwardness. It is aimed at giving an in-depth study on the insurance contract interpretation with a view to providing an effective practice guidance.This paper will be divided into six parts.The first part "insurance contract interpretation based on theoretical analysis," explained the nature of the concept of the insurance contract interpretation, the legal basis, insurance contract interpretation and the targets of contract interpretation, interpretation of the law.The second part of "the insurance contract interpretation general rules." Firstly it is discussed that the legal basis for the insurance contract should be interpreted in the pursuit of the basic legal value. Value is based on private areas of focus, insurance contract interpretation is based on the value of the insurance contract interpretation guidance of the basic direction, for insurance contract interpretation plays a profound role. Then, the author introduces some general approach for the insurance contract interpretation, which is the focus of this paper. This part will be discussed in sequence, "textual interpretation," "contextual interpretation," and "objective interpretation", "credibility interpretation", together with their roles and specific applications.The third part" the special rules of the insurance contract interpretation " will show a light on "suspectable Benefits interpretation rules," "strict obligation interpretation", "professional interpretation" "Respect for insurance practices" and some other special interpretation rules safely established in today's Britain and the United States.Part IV " the status quo of China's insurance contract interpretation system." This part will be a detailed analysis of the problems existing in China's system from three perspectives: the law, theoretical study and practical issues have, before expounding on the influences of some new development on the insurance contract interpretations.Part V "China's insurance contract interpretation of the perfect system," is based on the reality investigation and the theoretical study of the insurance contract interpretation system, presenting some proposals for the perfection of China's insurance contract interpretation system and providing a direction for its future development.