Research On The Insurance System Of "Blank Period"

The issues of insurance liability in blank period have always been my country’slegislative vacancy. In practice, insurance disputes caused by the blank period occurfrequently, the judicial consequences are different, scholars in China have been disputingcontinuously. Not only the issue fails to protect insured’s interests effectively, but alsoseverely undermines the credibility of the insurance industry. Therefore, the solution of theissues of insurance liability in the blank period has been extremely important in theory andpractical significance. The article starts with the different verdicts of the insurance case bydifferent courts to get the points of contract disputes, analyzes the reasons of theinsurance responsibility issues and theoretical basis about the insurance liability in theblank period. On the basis of combing successful experience of foreign countries with thepractical situation of our country, puts forward a basic thinking for the construction of ourcountry’s insurance liability system in the blank period.The essay has three chapters:The first chapter is a brief introduction of insurance liability in the blank period. Itdescribes the basic questions about the establishment and taking effect of the contract, thestudy of scholars on theories foundation of our country’s insurance responsibility in theblank period, which establish a theoretic foundation for the analysis of temporaryinsurance system below.The second chapter is the analysis of the stories in other countries, which points outits pros and cons which can be beneficial for the solution of the issues in China.The third chapter is thinking and suggestion for the construction of our insuranceliability system in the blank period. On the basis of learning from successful experience offoreign countries and combining the practical situation of our country, the essay putsforward the mode choice and the detailed design of temporary insurance system, andprovides some practical suggestions for the supplementary reform in China.