Doubt The Interest Of The Principles Of Interpretation Of Insurance Contracts

Today, the insurance system not only makes the personal danger to economic stability, butalso the entire socio-economic and political life of harmony and stability and create aharmonious society are closely related. When this concept of insurance in depth the lives of theordinary people in China, the increasingly frequent acts of insurance, also will have emerged alarge number of insurance contract dispute case. As most of the insurance contract is a typicalformat of the contract, under normal circumstances, whether insured or single insurance policy,drafted by the insurer developed and published in the insurance policy. Insurance is often onlyagree or disagree with the nearly rarely have the right to choose, coupled with the use of theinsurance contract language or specialized terminology has strong technical, therefore, in theinsurance contract that the parties to fulfill their obligations and rights in the process inevitablythere is a dispute, arbitration or litigation arising from deposits, at the time when the need toinvolve the insurance contract more scientific and rational explanation, in which the interests ofboth sides in the dispute to seek a balance point. However, as China's insurance contractinterpretation of the contract and the whole system is imperfect, in practice there were alwaysright insurance contracts improper understanding of the principles of interpretation andapplication.Once the disputes need to arbitration or litigation, the court or arbitration bodies oftensimple in accordance with China's "insurance law" provisions of article 31 of the "indisputableinterests of the principles of interpretation" to handle, the invocation of the principle of thecreation and initial against the insurer and the insured person (insured) transactions betweenunequal status of a judicial adjusted to achieve fair trade, and reflect on the insurancetransactions vulnerable groups-the insured person inclined to protect the value of caring.Because of China's "insurance law" provides the principles and the principle is too general andtoo often the courts apply the provisions, not to explain to the insurance people and judgment,so insurance companies often lose, thereby creating a form of a fair and equitable result inessence not is not conducive to the insurance industry development.In view of this, to understand how this from the insurance law and apply the provisions ofArticle 31 proceeding, the "interests of the principles of doubt" law applies in order to, theapplicable conditions? the scope? And so on, a comprehensive and objective analysis, thisprinciple that it is necessary to make specific legislative and judicial interpretation applicable toinsurance contracts reasonable balance the interests of the parties, forming one of the twonecessary tension and promote the development of China's insurance industry, to better protectinsurance policyholders and the legitimate rights and interests in order to better to promoteharmonious social development. Based on the following aspects:One, my insurance contracts doubt the interests of the status quo. At present there aredoubts about the interests of the principles of interpretation for the controversial expansion ofthe principles of interpretation interests, the interests will doubt the principles of interpretationas a controversial automatically once the first application "priority principle"; Doubt will bemistaken for the interests of the principles of interpretation of all types of contract terms; Doubtwill be mistaken for the interests of the principles of interpretation of all types of contract terms.Second, the interests of the principles of interpretation beyond doubt the theoreticalfoundation. Its legal basis be summed up in: protecting the weak, format and technical articlesthat said. Three of their doctrine and from different angles and dimensions of the principlesenshrined in a legal basis and its purpose. Three comprehensive doctrine and theory shows thatthe interests of the insurance contract doubt explained by the pursuit of the principle of fairnessand justice entities in the realization of value.Third, doubt in the interests of all the principles embodied in the law on the civil law andcommon law principles of contract interpretation of insurance, with an emphasis on doubt in theinterests of all the principles of interpretation apply.Forth. Doubt interests of the application of the principles of interpretation; First introduceddoubt on the benefits of using the principles of the three-band theory, endorsed the"compromise" of the view that insurance contract interpretation of the correct application of theprinciple of precedence is: first application of the general insurance contract interpretationprinciples, the other unable to confirm the principles of interpretation of the meaning of theinsurance contract circumstances a doubt before the interests of the principles of interpretation,and then introduced a form of expression of doubt and judgment.Fifth, indisputable interests scope of the principles of interpretation. According to theterms and procedures of the main differences in terms of the insurance contract by the insurerdeveloped into the terms of the insurance policy holders and consultations by the two sides todevelop the proposed provisions, the insurance regulators statutory provisions enacted by theinsurance regulator approval of four articles, doubt explained interests principles for theapplication of various provisions is not the same. Should the controversial policy is the policyof handwriting, whether insured and the insurer has considerable experience in insurance, theinsured person is with the insurance companies are the same people, whether insured and theinsurer's overall bargaining power similar standards to judge whether the insurance was weak.