Study On Life Insurable Interest-from The Perspective Of Comparison Method

The theory of the insurable interest was improved in the newlymodified“Insurance Law of the People’s Republic of China”in February，2009and insists its application in life insurance.It points out thedifference between life insurance and property insurance,defining theowner,the existence time and the influence of the insurance contract.Fromthe perspective of comparative law, we comment on the progress of China’sInsurance Law,but also pointed out the inadequacies and givessuggestions.The advanced experience of foreign countries, can be used forus to promote the progress and development of China’s Insurance LawThis paper studies the legal status of life insurance benefits, basedon a comparison of two legal systems, and our “Insurance Law”and summedup the interests of the insurance is interests of legality. Secondly, theinterests of the constituent elements of life insurance and specificitywere analyzed to derive life insurance benefits： prevent gambling,prevent moral hazard and limit the amount of compensation for personalinjury.The second part of the paper, discusses as the civil law countrieswe used the principle of insurable interest in the need for external andinternal necessity. This is the defective consent doctrine, also theChina’s national conditions and needs. Third, the intrinsic value of theprinciple of insurable interest and life insurance internal fit.And onthe basis of social equity, the insurance industry and public policy, lifeinsurance benefits for the construction of the requirements put forwardprincipled. Chapters III and IV is the focus of this article. Recognized standardsfor personal insurance benefits, respectively, from the civil law andcommon law countries,and express the shortcomings of the two legalsystems assessment.Finally, The “insurance law” provisions in theinsurance benefits to be resolved, that such a system grafting, with ournational conditions and fit the laws of social development, not part ofthe two legal systems rigid set of advantages like. China Life InsuranceInsurance for the interests of the main body from the application, scope,application time, interest and legal consequences of the transfer of five,according to the idea of comparative law was assessment of China’s“Insurance Law” omissions made changes.Finally, Chapter V, from three to show our new "Insurance Law" on theinsurance interests of the great significance of changes, and issuesraised above for the appropriate legislative proposals.