Application Of The Explanation Principle Of Doubt Benfit In Judicial Practice

Due to the clauses of insurance contract are formatted and professional, the insured in business transactions in a disadvantaged position can only generally choose to accept or reject them.The explanation principle of doubt benfit has been made in order to provide a judicial relief mechanism afterwards for the insured.At present, the explanation principle of doubt benfit is applied to most countries in the world by legislation and judicial practice, affects very widely, the article 30 of China’s insurance law has introduced this principle. And how to understand and apply the explanation principle of doubt benfit in the judicial practice, because this stipulation is too general and abstract,has many disputes.From the domestic and foreign legislations and judicial practice,the thesis explores the legal basis and rank of application and conditions of application and sphere of application in the explanation principle of doubt benfit through specific case studied. After summarizing the problems and confusion in interpretation of the insurance contract with the explanation principle of doubt benfit, the author proposed suitable the order and the rule to benefit judicial practice.Except introduction and conclusion,the thesis is considered 3 chapters:Chapter 1 Discusses theoretical basis of the explanation principle of doubt benfit and analyzes three doctrine of the principle in order to enter the next discussion step.Chapter 2 Analyzes application of the explanation principle of doubt benfit through specific cases in the judicial practice.The problems and disputes existing in the practice are commented. Suitable the orders and the rules of applicable to the doubt benfit principle are proposed. And application of honoring reasonable expectations of the insured are analyzed and probed.Chapter 3 Application of the explanation principle of doubt benfit is commented with correct rank and rule.Many elements should be considered,and pay attention to balance the trade interests of both sides in order to achieve the legal fairness and justice.