The Identification Of Property Insurable Interest And The Retrospection And Improvement Of Native Legislation

With the increasingly complex of the modern economic activities, the insurance systemplays an increasingly important role in the financial sector. Insurance, as an importanteconomic activity to spread risk and make up the loss, needs not only the operation orderspecification from law, but also the beneficial development and innovation specification fromlaw. In terms of insurance interest, insurance law’s regulation of insurance interest and theunderstanding and apply of the court play a subtle role in the insurance product innovationand the development of the insurance industry. Recently, there are some dispute and divergentidea about the judgment of the property insurance interests. Due to the PRC Insurance Law(hereinafter referred to as the "insurance law") and its relevant judicial explanation don’t havea clear definition of insurance interest, leading to the court in the judicial practice can only bebased on the nature of property insurance and combining the basic theory of insurance law todecide the existence of insurable interest in property insurance, which result in some differentconnection with the given situation. This phenomenon will cause the direct damage to theconsistency of law and the instability in the insurance market, which will also greatlyinfluence the insurance industry’s own innovation, development and improvement. Therefore,in the current rapid development of the insurance industry, improving the theoreticalframework of the property insurance interests determination and providing a clear foundation for court’ judicial practice is necessary.Based on the decision problem of property insurance interests, from the insurance lawand the relevant provisions of the judicial practice in our country, combining with the theoryof Anglo-American law system and continental law system, using comparative analysis,empirical analysis and value analysis methods, deduces relatively feasible and completedecision theory of property insurance interests, namely from two perspective of interests andthe insurance contract to study for the determination of the property insurance interests. In theperspective of economic interests to study the determine of property insurance interests, whatpriorities are which kind of interests can be a legally recognized interests, what are the limitsof judgment, establishing the boundaries of what is more advantageous to return to the natureof the property insurance system in terms of damage compensation and to the development ofthe insurance market and innovation, how to correctly understand the legitimacy, economyand certainty of the property insurance interests. Under the perspective of the insurancecontract of property insurance interests determine priorities is to the determination theinsurance interest of specific insurance contract, in order to determine whether the insured hasreal insurance interest in the specific insurance interest, and shall have the right to claimcompensation. The article on the structure has the following arrangement:The introduction part mainly introduces the determination of property insurance interestsresearch’s background and significance. At the same time, this paper introduces the researchmethods and argument of this article, and put forward two research questions：they are "whatis the essential attribute of property insurance interests? What’s the significance of thedecision for the interests of the property insurance?", as well as "Specific to the first article ofthe supreme people’s court of the <law of the People’s Republic of China>(2) theexplanation of some issues, what are the major breakthrough for the property insuranceinterests? How to use the interpretation and the standpoint of property insurance interests isinsurable economic interest to determine property insurance interests in specific insurancecontract?"Chapter One is a briefly review of the insurance interest theory, including the definitionof insurance interest theory and the history of property insurance interests theory. With areview of the various interests determine view, research on the nature of property insurance interests makes theoretical preparation.Chapter Two mainly states the status quo of property insurance interests, problemsmainly include two aspects: one is the trouble that caused by taking property as the propertyinsurance mark; another is the wrong understanding of "legally recognized interests".Chapter Three is to discuss the nature of the property insurance interests and consider theessence of property insurance interests is the insurable economic interests. Its meaningincludes two levels: one is the essence of object of property insurance is economic interests;another is the boundaries to judge the insurable economic interests will be rule out ofgambling.Chapter Four is in the interest point of view to discuss that property insurance interestsshould include the decision on three elements, including the validity, economy, anduncertainty, which will be the basis and bedding in the after determination of the specificinsurance contract.Chapter Five will study several kinds of insurance interest, which will focus on theperspective of the insurance contract, discuss what kind of economic interest it is in thesetypes of insurance contract.The summary of the whole research and discussion, summarizes and answers the twoproblems proposed in the introduction, and puts forward some legislative suggestions on thisbasis. Finally, the definition of the subject-matter insured has carried on the beneficialdiscussion.