Most Insurance Co-exist The Case Of Legal Research Analysis

After revised, the national's insurance law further improved the double insurance system, thereby it kept away the moral hazard, prevent the insured from unjust enrichment and preserved the insurer's normal activity order. However, in company with the development of the domestic insurance market, the sort of insurance became various, at the same time, each insurance agent changed their business strategy to attract the customer. All these changes and developments brought some new issues to the insurance market. Especially as the increasing of the sort of insurance and the enlarging of the group of the insured, the number of insurance dissension caused by the repeat insurance, cross insurance, the overlap of contract coverage and the format clause of the contract is increasing .Since the policy holder lacking special knowledge or the overlap of contract coverage, there are several insurances accepted the same risk and loss. The policy holders always apply compensation to every insurance company when the accident happened and each insurance company refuse to give a total compensation. Under this condition, since double Insurance system that in our insurance law are abstractness and narrow, when these dissension sued to the court, the judge could not give a sentence because no definite law to let them abide by. Compared with the insured, the insurance companies are preponderant in economy information and resource, so in the insurance case that we have talked the rights and interests of the insured are often infracted. This actuality makes against the stabilization of our insurance market and the development of the underwriting. Therefore the consummation of our double insurance, seek redress of several insurance consist become a practical task for the people who researching the insurance law.This thesis aims at the bugs and flaws of china's condition of several insurances co-existence. The paper explains the double insurance system of china from theory to practice and compares the solutions of condition of several insurances co-existence between china and other regions to consummate that of china. This thesis is divided into four parts except for the introduction and the conclusion. There are 46 thousand words in total.In the first part, the author defines the condition of several insurances co-existence firstly, and then, the paper summarizes the types of condition of several insurances co-existence. The author gives examples for these three types and analyses the characters of each type. After that, considering at the beginning of legislation there was a dispute about the Principle of Indemnity which is deemed to the theoretical basis of double insurance in the academic community, meantime the insurance market has some new changes after several years' development, the article analyses and demonstrates the Principle of Indemnity, the viewpoint and production about it after summarized the sort of dissension in practice caused by the insured repeat insuring. And then, the article suggests that the view that Principle of Indemnity just applying to insurance of property is disagree to the original intention of establish this principle considering preventing unjust enrichment and moral hazard, this principle need to apply to some of the personal insurance whose property is indemnity.In the second chapter, after discussion of the scope of application of Principle of Indemnity, the author discusses the type one of the condition of several insurances co-existence, which is double insurance. After introduced the definitions of the double insurance of the world main countries, this article elaborates and summarizes the china's double insurance system by analyzing the clause in Insurance Law of PRC and Maritime Code of PRC.In the analysis, the article enucleates the component parts of double insurance, the scope of application of double insurance, the legal effect of double insurance and then compare them with the other countries. After that, the article compares the scope of application of china's double insurance system and Principle of Indemnity, concludes that the double insurance of china could not cover the sorts of several insurance consisting condition. The article indicates that the conclusion above is the root of troubles that belong to double insurance.In the third part of this thesis, the author firstly analyzes the other condition of several insurances co-existence except the double insurance. On basis of that, the author summarizes solutions of condition of several insurances co-existence over the world, including pacification, legislation, prejudication and format clause in the contract. The author indicates that china is short of these solutions. Considering these insufficiency of double insurance system of china, by researching the legislation and prejudication of western country in the third part, this article suggests that we need consult the legislation and prejudication of developed countries, then revise our insurance law, redetermination the application of Principle of Indemnity and double insurance system, specify the condition of contribution of each insurer when there are several insurances insure same risk and loss.In the last part, at beginning, the author argues the importance of amending the double insurance system of china. It is propitious to the solution of dissension. At meantime, it protects the interests of participants of insurance market and be good for the stabilization of insurance market. At last of this article, the author gives some advices for the revision of china's insurance law and hope they are useful in the soon improvement of the system.