The Research On System Of Insurable Interest

Insurance interest is a core theory throughout the insurance law theory andjudicial practice. Limited to the subjective and objective conditions, scholars in ourcountry is lacked of researching insurance law, and also lacked an overall research oninsurance interest. Therefore the process of the principle application appeared a lot ofconfusion and difficult problems which caused the distress for the insurance disputesettlement and the development of the insurance industry. In2009the new insurancelaw made different rules on life insurance and property insurance about the subject ofinsurable interest and the effective time which made the insurance interests legislationachieve great progress however there are still not perfect and needs furtheradvancement.The new law of insurance law of our country about interest system remainsmissing. First, the concepts of insurance interest have defects. Second, the insurancelaw of our country on the insurance interest principles and rules are not listedproperty insurance interest, also does not have the maneuverability. Third, because oflacking on insurance interests causing life insurance contract invalidity, do not make arule.According to the specific situation of the insurance law of China, the insuranceinterest system must be further revised and improved. The principles of perfecting theinsurance interest as follows: the first is benefit must be came first principle. Weshould focus on promoting the development of China’s Insurance industry. The secondis security principle. We should make full use of the function of insurable interest.The third is fairness principle. We should seek a balance between public and privateinterest. From the following aspects to further improve China’s insurance interestsystem: first modify the definition of insurance interests; second increase reviewobligations terms of insurance interest by the insurer; third definitive clearly the rangeof property insurance interests, in order to make clear the scope of property insuranceinterest; fourth modify article thirty-first (the forth) in the" insurance law", toimprove the personal insurance contract insurance interests.