On The Application Of The Principle Of Compensation In The Personal Insurances

The principle of compensation is one important system of the insurance law. And the insurance legislation of every country has affirmed it. In the insurance affairs practice, it is undoubted that property insurance applies to the principle of compensation. But it is a hot issue whether the life insurance applies to the principle, too. The author has known that there is much insurance case about the principle of compensation. Because the insurance laws in China are not explicitly stipulated in the question of whether the life insurance applies to the principle. And there are controversies in the theory horizon. Both resolve the theoretical significance of studying the issue.The practices of administration of justice are different about whether the principle of compensation is applied to the life insurance. For example, the court of Tianjin Heping Area have pointed out "that the life insurance doesn't applies to the principle of compensation" in the case of life insurance agreement Fengyuejin VS Yongdaguangming company. In the year of 2005, the notice about hearing the case of the life insurance agreement, issued by the Guizhou higher people's court, ruled that the life insurance is the indemnify when the insured need cure because of illnesses or unintentional injury, compensate hospitalization costs of the insured has paid, and reduce, even avoid the lose of the material benefit, and the character of the life insurance is compensatory insurance, and the insured can't earn profit because of illnesses or unintentional injury. Because there are provisions in the law, the discretionary power of the judges is larger, and the results that different courts hear are different.The amendment of Insurance Law of the People's Republic of China in the year has taken effect, provides a clear legal basis for resolving new issues in the insurance market, and so provides with important legal values and social values. But it didn't amend about the applicable scope. The mainstream view of the theory horizon thinks that the principle of compensation not only applies to property insurance, but also applies to some of person insurances, like additional medical expenses insurances of health insurances or accident injury insurances. The author also supports this view.This paper consists of four parts. The first part is discussed the basic loss compensation principle theory; in the second part, the author lists the theory about loss compensation principle applicable scope of the three main points and the reasons, and put forward the author's own opinion that the compensation principle is not applicable principle of property insurance alone, and part of person insurance is planted also has compensated; in the third part, the author puts forward judicial practice occurred in this field main problems; in the final part of the paper, the author puts forward some specific suggestions that perfect the principle of compensation being applied to compensatory personal insurances from the legislative, judicial and insurance practice three aspects.