Study On The Principles Of Interpretation Of Insurance Contracts

The insurance industry bear the decomposition of social risk and possible future accident risk function, when the increasingly frequent acts of insurance, insurance contract disputes increase day by day, the insurance contract explanation into public life can not be ignored a focus. Insurance contract interpretation is the insurance of the parties to the contract content and the understanding of the use of text in the dispute, the court and the arbitration institution in accordance with the law and common way to contract content, identify and describe the process.The stipulations of the contract of insurance of the insured, the insured, beneficiary and insurer both interests, but also affects the social stability and development, and has the functions of dispersing risk function. But the insurance contract is a contract format, it is professional very strong, because of the characteristics of the contract parties contracting ability is extremely lopsided, disputes, Contract Disputes Interpretation of terms is likely to have no unity, but the two sides explained with rationality, produced the standard clauses, how to explain the terms of the contract content, maintain the fairness and justice has become an important issue.The traditional explanation principle of insurance contract is the unfavorable interpretation principle, also known as the doubt benefits to explain the principle, our country at present in the insurance contract interpretation, is also taken by the unfavorable interpretation principle, but unfavorable explanation has many defect, improper use will not only hinder the development of the insurance industry, and is not conducive to the insured. At the same time, to completely abandon the unfavorable interpretation principle, adopt and new principle of reasonable expectations will undoubtedly expand the judge’s discretion, not suitable for Contemporary Chinese national condition, so how to reconstruct and perfect the insurance contract explanation principle has the reality urgency and necessity.Insurance contract interpretation principles, domestic and foreign research slightly different. Domestic research mainly focuses on the combination of China’s national conditions of the unfavorable interpretation principle advantages and disadvantages, the UK-US genealogy of law country is focusing on the rise of new rational expectation research. At present in our country, take on the insurance contract interpretation of the unfavorable interpretation principle in the insurance law, only this clause as a simple rules, since the terms is too simple and general, so in the judicial practice to understand the differences of interpretation of the standard clauses, if applicable, as well as how to apply principles of interpretation there are a series of problems. However foreign new reasonable anticipation principle to some extent from the traditional principle of contract construction, but its generation and development are the inevitable product of market economy, have its rationality. To protect the vulnerable status of insurance parties relief also have a significant degree of superiority and change, during the trial and the judicial practice there are a lot of reference.The insurance contract interpretation of the basic theory, the insurance contract interpretation overview, nature, general principle in detail, and from the unfavorable interpretation principle historical evolution, theoretical basis, applicable aspects of the unfavorable interpretation principle advantages and disadvantages, and the comparison of foreign insurance contract explanation of the principles of the unfavorable explanation rule legislation and Practice, the rise of the new generation and application of the doctrine of reasonable expectation, seeking a new way. Now the academic circles on the insurance contract interpretation, either for the unfavorable explanation rule, either to apply the doctrine of reasonable expectation. The two together are system reconstruction, which in the present academic circle of our country is rare, but can be combined effectively, foster strengths and circumvent weaknesses is has the innovation significance, is conducive to the long-term development of the insurance contract explanation principle.The hope of Chinese and foreign insurance contract interpretation principles of development and current situation analysis, research to explore the current law of insurance contract interpretation in the problem of existence and inadequacy, and combined with the solution to the problem, perfect the insurance contract interpretation of applicable methods, and puts forward some tentative suggestions to look forward to, promote the rule of law in our country and safeguard social stability.