Research On Judgmental Criterion Of Insurance Dispute

At the meantime with the marketing of the commercial insurance,the public in China is now facing increasing risk from all kinds of sources. More and more families choose commercial insurance as an important tool to decentralize and obviate risks.According to the operating condition and the legal environment of China's insurance,the inconsistency between insurants' anticipation and the services of the insurance companies will exist for a long time;the amount of insurance disputes will become more and more common in the trial practice.This essay chooses the performance condition of the pre-contract obligations and post-contract obligations in insurance disputes as the breakthrough point,brings forward the possible causes and real bifurcation of the insurance disputes.Following the principle of depend on but never stick to the legal norm,several relative theories are thoroughly discussed in the essay.All judgmental criterions and responsibility criterions depicted in the essay are created on the theoretical basis of benefit equilibrium.It is the author's intention that this short essay could bring some new thoughts to the establishment of the judgment criterion in insurance disputes.Through these fresh thoughts,the author hope that the inconsistency between insurants and insurance companies could be gradually eliminate,and the value demands and social benefits of the insurance law could be achieved.This 35,000 words-long essay is divided into three separate sections: forewords,text and epilogue.The discussion about the topic is deployed in five aspects:The beginning part of the essay is a general introduction about the judgmental criterion of the insurance disputes.The definition,contents and attributes of the judgmental criterion was discussed as preconditions.The five most common categories of insurance disputes are summarized in this section;the jurisprudential problems about the judgmental criterion of the insurance disputes are also briefly discussed.The second part of the essay talks about the judgmental criterion about the liability of faithful notification.Example cases and causes of these cases are quoted in order to explain the deficiencies of the current insurance laws,theories and doctrines.The judgmental criterion about the liability of faithful notification in insurance disputes are brought forward on the basis of a detailed analysis about the legal attributes of this liability and the legal relations between insurants and insurance companies.The third part of the essay canvasses the judgmental criterion about the liability of special notification.The status quo and the main bifurcation of the liability of special notification are firstly introduced.The major content,theoretical doctrines and legal provisions about this liability from several nations are then reviewed.Combined with jurisprudential attributes and the value anticipation of this liability,those materials give us a clear conclusion about the judgmental criterion about the liability of special notification.The fourth part of the essay depicts the judgmental criterion about the responsibility of subject-matter protection in an insurance contract. Example cases and jurisprudential analysis are expounded at first;the provisions of the Chinese insurance law are the summarized.Three types of duties which should be contributed by the obligator are listed according to the relative doctrines and theories.The criterion of legal responsibility of subject-matter protection is also indicated in this section.The fifth part of the essay analyses the judgmental criterion about the responsibility of reasonable rescue.Real cases of insurance dispute are cited to explain the jurisprudential background at the beginning paragraphs, the formation causes of the duty of reasonable rescue,the inner relationship between reasonable rescue and repayment of the costs,the stability of the jurisprudential mechanism and the principle standard of the relieving measures are then discussed thoroughly.The judgmental criterion of responsibility of reasonable rescue is determined on the basis of legal imputability.Through the epilogue part,the essay demonstrates that the establishment and unification of the judgmental criterion of insurance disputes should be the unification of the norm of economic law and civil & commercial law.Furthermore,it should also be targeted on the fundamental value of judicial justice.