The Interests Of The Insurance Doubt Explain The Principles Of Thinking

The contra proferentem rule, which was one of the most characteristics rules in the insurance contract interpretation,can prevent the clauses of the format from deviating from the essences of the contract and gets up the protective function to the insurer's counterparty benefit which is in a weak trend side. Now, considering that insurer's counterparty is at a disadvantage in contracting with insures, many countries have installed the principle of construction against the insurer. The insurance law of China has also introduced this principle which is the only principle that our Insurance Law established to interpretation the clauses of insurance contract. But because of a late start to China's insurance industry, inadequate to explain theoretical research, lack of a systematic explanation of the principles and norms of theory, there are many controversial issues on the contra proferentem rule. Meanwhile, China's Insurance Law about the contra proferentem rule exists obvious defects, such as: order, the application, types and terms of insurance coverage available of the contra proferentem rule, have no a clear rule. These deficiencies led directly to non-standard, not unified in the Legislative, contrary to the principles of the establishment of the country, not conducive to the maintenance of law, justice, orderly and fair, they can not fundamentally protection insurance the legitimate interests of both parties to the contract. Therefore, the contra proferentem rule in-depth study is very important and necessary, and can promote the healthy development of China's insurance industry.This paper is from the perspective of the insurance law about the contra proferentem rule's values, the application in order to solving the problems of the recommendations and countermeasures. This paper is divided into three parts:The first part , summary of the contra proferentem rule. First expounded the meaning of the contra proferentem rule and its national legislation, and then on the basis of introducing the four principles theory, proved the contra proferentem rule of existence is reasonable from the angle of the characteristics of insurance contract and jurisprudence.The second part, " the position of the contra proferentem rule in the insurance law" proved the application from the three main aspects: the contra proferentem rule does not have absolute, it is not only controversial in the insurance contract in the interpretation of applicable insurance contracts; the contra proferentem rule is non-exclusive, it should be the ultimate explanation of the principle of a number of integrated application; the contra proferentem rule is non-priority, it can play a role only under the premise that the general principles of contract interpretation not applicable.The third part, " the application of the contra proferentem rule " , defined "doubt" as paving the way to start the discussion of the application of the types and terms of relative types, and how to improve our country, "Insurance Act" under section 31 of the , put forward their point of view.Based on the study methods innovation is the use of a comparative analysis of the methods and interpretation of the overall principles, demonstrated the rationality of the contra proferentem rule in China's current insurance law from the two linked theory and practice, and put forward a reasonable proposal in the administration of justice in their correct application. The study helps deepen theoretical study of the contra proferentem rule at the same time, and to play the value and function in terms of the insurance contract interpretation.