| Insurance contract is a part from the pursuit of fair trade,is flat and interests. Insurance contract is a kind of both aleatory contract, contract of utmost good faith, and characteristics of the civil and commercial contract. When both parties of insurance contract can not, not continue to perform the contract, or a contract has been unable to achieve purpose, should be given to the parties to eliminate the contractual relationship, reduce their loss of the right to rescind the contract. A system of legal dissolution of insurance contract exists, to hope that through the statutory conditions to keep the termination of the insurance contract party the right to unilaterally, debugging and calibration of misconduct of the insured. But as a kind of right of formation of the insurance contract legal right of cancellation, the applicability and scope should be strictly limited by laws, the abuse of rights in order to avoid the insured in the insurance contract with their dominant position, destroy the insured party attached to the insurance contract on the expected interests, thus disrupting the order of the insurance transaction.Insurance of PRC was after two revisions, but the insurance contracts in the judicial practice of the situation is still not enough to lift the centralized and unified, system is not complete, lack of in-depth and meticulous. Especially the statutory conditions of rescission, its rationality has yet to be further clear. In addition the retroactivity after termination of the contract need to be further perfected.This paper will use the comparative method in analysis of law and value, through the empirical analysis, the balance of interests, combined with the advanced legislative rules on one hand the region outside the relevant and common experience, theory, based on our country’s legislation and judicial practice, discussion on the termination of the insurance contract theory, which is beneficial for our research on insurance method. |
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