| As I learned the law of insurance in the period of university, I found that there are arguments against several principles in it. For the instance, whether an applicant shall have an insurable interest in the subject matter of the insurance? How the insurable interest in the personal insurance contract is? Whether the goodwill over-insurances shall be divided from the vicious ones, and whether the double insurance in the health insurance contract is enforceable? In fact, the principle of compensation for the damage is the core of all these questions. According to the PRC Insurance Law's original founders' desire, applying the principle of compensation for the damage can make the insurance function's actualization more reasonable and developable. Because of that, with help of the argument and study upon this kind of questions, we will understand the emphases of the dispute and make a reasonable foundation in order to account for it.The principle of compensation for the damage means that when an insured event takes place and insured suffered, the underwriter obligated to make indemnity for the real loss within the scope of cover under the insurance contract so that the loss of the insurant can be mostly reduced and the economic status can be recover as previous. It is the base of other principles of the insurance law. The principle is confirmed by the Insurance Law, but it has not been definitely prescribed.As the part 4 of Article 11 in the Insurance Law, there are two kind of insurance, the property insurance and insurance of persons, according to the standard of behavior of the subject of insurance. On account of the difference nature and intention, it is difficult to regulate them on the same criterion. What's more, it also makes us wonder about how to apply it in relevant areas. If we can divide the insurance into the damage-indemnity one and term payments of the insurance benefits one, then in the systems application aspect we will have a standard to follow.Loss is the opposition to interest, and so insurance interest has a unique function in this principle. However, it has different meaning between the Continental law system and Common Law system,which makes us confused for in this field. To solve the problems, we try to analyze the problem of insurance interest through the principle of compensation for the damage. Insurance subrogation is derived from the principle. It has been confirmed early. The difference between devolution and subrogation in the maritime insurance is also an emphasis part in my research. In the PRC Insurance Law, it only prescribed the concept of double insurance, which can not settle the problem of how to abide by the principle of compensation for the damage when several insurance contact exist simultaneously. So it is necessary for us to introduce the concept of insurance concurrence and research it in order to make our law perfect. At last, claim settlement is the crux to carrying out of the principle. It has great special function as I studying the principle on the view of indemnity. As a matter of fact, whether under-insurance or over-insurance should comply with this principle.The principle of compensation for the damage holds great importance status in the system of insurance. Many researchers have their own point of view for it. For the limitation of my energy and the pages, I can only research the problem of appliance, success and failure in the principle of compensation for the damage in PRC Insurance Law. Through collecting, analysing and comparing research materials of many nations concerned, I summarize a project and with the help of it, we can carry out the principle into reality and make it suitable for all the other fields concerned, such as insurance interest, double insurance, insurance confliction, subrogation and actual loss claim settlement. In the end, I made some suggestions for the amendment of the PRC Insurance Law.Annie He (Majored in International Economic Law)Directed by Yang Zhaonan... |
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