The Definition Of Insurance Interest And Legislative Perfection

At present, there are many different types of understanding for the fundamental contents and application of insurance interest, so there are different influences for insurance practice respectively. So it is meaningful to study further insurance practice.It is useful to study the subject of insurance interest, assignment of rights,contents,regulation of existing time of insurance interest, which benefit the healthy development of insurance industry. Some regulations in our laws are vague, which is not beneficial to the realization of function of insurance interest. This thesis aims to the realization of function of insurance interest to analyze the subject of insurance interest, assignment of rights, contents, regulation of existing time of insurance interest so as to perfect the existing insurance law.There are four parts in the thesis:The first part introduces the historical origin, evolution, emergence, establishment and meaning. In reference to other theories from many countries, the function of the insurance interest is to prevent the gambling and ethnic risks to ensure the justice of insurance, so the principle of insurance interest should apply to both property insurance and life insurance, which the thesis stands for.The part two introduces the subject and the assignment of rights of insurance interest. In reference to other theories of many countries, the thesis propose that there are two aspects for the definition:property insurance contract and life insurance contract. The subject of insurance interest in property insurance is insuree and the insurance interest is the legal interest between insuree and object. Life insurance aims to prevent gambling with life for illegal interest in order to safeguard the life of insuree.The third part introduces the re-shaping and perfection of insurance interest. The insurance interest in our existing law excludes the debtee of insurer of other persons with business relations, which is not in accordance with most of countries. As for this, the thesis suggests insurers have insurance interest for self, relatives, debtee, employee, partner and other relative persons. The relatives mean intimate relatives who live together for common purpose in life. So, perfection of relevant regulations is good for the healthy development of insurance industry.The forth part introduces the existing time regulation and perfection. In reference to others relevant rules, the thesis suggest that insuree should have insurance interest when accidents happen in property insurance;and insurer should have insurance interest in life insurance when insurer is in contract with insurance company. When the insuree in property insurance or the insurer in life insurance has no insurance interest, insurance contract is void.The perfection of concrete regulations is a long process. I hope dear teachers give me valuable suggestion and introduction.