On The Principle Of The Insurance Contract Interpretation

Selecting the subject on the principle of the insurance contract interpretation as my thesis can be said to insight of the rise of the modern interpretation, but also because the insurance contract is always the interpretation of contract and a model of the hard area of law, Therefore, through this research, I want to achieve an insurance contract for a theory to explain the carding.In accordance with this section of the division, this article were divided into four chapters. The first chapter through the studying of insurance contract interpretation of the general issues, the insurance contract in the interpretation of the basic level of understanding and theoretical perspective and to present more or less, while in the interpretation of the insurance contract is said to follow the law or the facts that one, in the assessment That the law and the facts that, in view of the reality of justice, should be used to meet the realities of China's characteristics of the compromise said the idea that the contract should be explained from both objective and subjective point of view of observation, meaning that the contract on the fact that the objective Of the judge, a fact that the problem of the contract means that the legal value judgement to decide whether to grant legal protection of relief, such explanation is that legal issues in contract interpretation and comparative analysis of the legal interpretation of this part, learn from China's interpretation of law Professor Chen Jinzhao scholars in the discussion of the characteristics of legal interpretation adopted by the analysis, interpretation of the law and the contract will be a comparative analysis explained that the purpose of contract interpretation will always be subordinated to the purpose of the contract, the contract should be explained in accordance with their own contract The concept and meaning to operate, the contract is to explain the autonomy of private law firm and comply with, and the law on the interpretation of the formation of order and social effects, more of the properties. Interpretation of the contract should also be the general understanding of the principles of interpretation and the application of the principle of special explanation, of course, the principle adopted by China's Contract Law, Insurance Law and other norms is reflected in the. But pay attention to is: to explain the way it is not clear provisions and, because it is a very strong technology, or art. China to further explain the theoretical framework of the contract. In this paper, the second chapter, the main insurance contract interpretation on the subject of this issue and the collision point of view, to draw China's insurance contract against the contract should be interpreted in different interpretation of the situation, China's contract interpretation applicable to the different rules . Then enter the third chapter, the detailed proof of the insurance contract specifically applicable principles of interpretation, through the exposition of ancient Rome, the United Kingdom, the United States and other developed countries judicial operation of advanced concepts at the same time, China's judges and to handle related affairs of lawyers and other legal operators in dealing with China's insurance contract interpretation matters, should take measures, in particular to establish reasonable expectations principle, the principle of fairness and good faith in the principles of the specific areas of application are made (specified, concise). In the final chapter of this paper, through the reality of China's summing up the problems, China should be put out of the law, litigation and other material evidence and request a simple integrated cumulative, and should be the spirit of the legislation and the parties proceed to a fair interpretation of the contract . China's legal practice from the last level of its recommendations and ideas, especially the broad masses of the law is to raise the standard of interpretation of insurance contracts has become China's development of the insurance industry's top priority.To sum up, the insurance contract interpretation of the law will significantly promote the basic theory of Law and Law departments, the combination will also help promote judicial practice and raising the level of legislation.