Research On Legislation Perfection Of Chinese Mainland Double Insurance System

Since the new century, the insurance industry in Chinese Mainland has a rapiddevelopment, at the same time,many practical problems of insurance has come, thephenomenon of the insurance applicants to obtain additional benefits by way ofdouble insurance has been received more and more attention. The double insurancesystem in the2009revised insurance law is so imperfect that can not deal withpractical issues and safeguard the legitimate rights and interests of the insurancecompany and the insurance community.The legal system of double insurance of Chinese Mainland mainly includes fouraspects: the legal defined of double insurance，the application scope of doubleinsurance,the double insurance notification obligaition and the validity of doubleinsurance contract.All of these four aspects have shortages:First, the double insurance only focus on the insurance applicants, so that theinsured person may obtain an improper advantage.If the duration of insurance is notrequired,the identification of the double insurance will become less rigorous. Thenarrow double insurance,can not adapt to the new era of development of insuranceproducts, insurance relatives may obtain an improper advantage by buying severalhealth insurances.Second, only property insurance is under the application of double insurance,thatcan not recieve an ideal effect.Third, in the provisions on notification obligations,there is an insufficientcoverage of the main obligations,a blur provision of the content of the notification,auncertainty of performance time,an absence of consequences of breach notificationobligations. Forth, there is no distinction in insurance law on the validity of insurancecontracts,both good and malignant insurance contracts being effective.For theresponsibility assignment of the valid double insurance,Chinese Mainland adoptspercentage-share model,which is not protective enough for the good insured.By finishing Taiwan insurance academic major theoretical perspectives，comparising and reviewing both sides of the insurance legislation, basing on thereference of theory and legislation of double insurance of Taiwan,this thesis will putforward legislative proposals against the inadequate：the insured should be the sameperson,the insurance duration shall be overlapped and the broad sense applied byTaiwan insurance law is worthy for reference;both property insurance and personalinsurance are applicable in double insurance system while fixed-sum insurance isexcluded from the application of personal insurance;the insured should be notificationobligor, contents of the notification should be listed and arranged,add to the clauses ofbreach of duty;a division of good and malignant insurance contracts should be takenand set up different legal validities.This thesis used four charters to expound the perfection,which based on the fourparts of double insurance legal system.