On Double Insurance

As an important component of Insurance Act, double insurance system is a essential insurance system to control unjust enrichment and moral hazard triggered by insurance benefits, and further to ensure soundly operation of modern insurance system. However, there are many omissions for double insurance in China's current insurance legislation as a result of briefly coverage. And the fourth meeting of the Eleventh National People's Congress Standing Committee revised and perfected China's Insurance Law Amendment (Draft) seldom.In response to the above situation and on the base of analysis on double insurance in China's current "People's Republic of China Insurance Act" (hereinafter referred to as "Insurance Law") and "People's Republic of China Maritime Law" (hereinafter referred to as "Maritime law") ,this article argued main problems in double insurance system and pointed out places to amend and perfect necessarily in order to problems in the insurance development in combination with other country's relevant provisions and methods of case studies and comparative research. This article is divided into three parts of introduction, body and conclusion.The introduction mainly introduces the back ground and significance, according to analysis on the troubled insurance practice brought by imperfect double insurance, proposed the thesis to be explored.The body is divided into five sections: The first part is mainly to explore the meaning and definition of insurance system as well as distinction of related legal concepts. It cited that double insurance system is conducive to safeguarding the principled of loss of fill to avoid unjust enrichment to prevent moral hazard. The definition of double insurance is regard to adapts to a broad meaning with greater difference between co-insurance and reinsurance.The second part focused on the repeat elements of insurance. It proposed that the constitutes of double include as follows: the same subject of insurance, the same insurance benefits, the same insurance accident, signed a number of insurance contracts with a number of people, the same policyholder, the same period, but it does not require the sum of the insurance amount more than value of subject.The third part mainly focused on the scope of double insurance system. This part provided that whether the nature of double insurance system is life insurance or property insurance, it is applied to fill the loss. Then it analyzed the problem of application of double insurance in liability insurance.The fourth part mainly explored the notification obligations of the insured in double insurance contract. According to analyzing the purpose, nature and notification of this obligation, it suggested that the system of notice obligation is too board, and at the same time, the legal consequences of violating obligations should be added in Insurance Law.The fifth part mainly discussed the legal effect of insurance contract. Double insurance mainly is divided into good double insurance and malicious insurance as well as their respective legal effect. At last, it suggested that China's Insurance Law needed improving the relevant provisions of the return on the premium and highest claim.Finally, this part sum up the full text of this article by proposed the argument, as a conclusion.