Research On Legal Issues Of Retrospective Insurance

With the rapid development of electronic commerce and express industry, the demand for retrospective insurance and practice is becoming more and more intense, the Insurance Law in our country, however, did not have the corresponding specification. Retrospective insurance is an insurance that, the insured and insurer makes an agreement that the insurer takes the responsibility of a certain period dating back to main contract. Retrospective insurance is born of sailing goods transportation, and the rules for its further and refinement in insurance law has important significance on the theory and practice in our country. In this paper, through using the method of historical analysis, comparison analysis and value choice, retrospective insurance in different countries of the analysis of specific provisions and combining with the different viewpoints of scholars about retrospective insurance, to verify the existence of the insurance and jurisprudence foundation, and demonstrate traceability constitutive requirements and legal effect of insurance, in the end, try to form our law provide retrospective insurance advice. Besides the introduction and conclusion, this paper will be divided into the following four parts:Part 1:By analyzing the effect of the contract of insurance, and the general process of the commencement of the insurance liability and comparative scholars between the point of view, giving retrospective insurance clear definition; clear retrospective insurance and common insurance and the future insurance. To clarify the evolution trace the history of the development of insurance.Part 2:To investigate the retrospective insurance jurisprudence and insurance basis. Retrospective insurance system embodies the principle of freedom of contract theory of civil law, the principle of balance of price theory and the theory of good faith; while reflecting the retrospective insurance insurable on the danger theory, the theory of moral hazard and insurance benefits theory. Therefore we can say that there retrospective insurance has its theoretical basis.Part 3:Exploring the retrospective insurance elements. The doctrine was first introduced on the retrospective portion of the insurance constituent element, followed by clarifying what the different elements of the doctrine comment determinants constitute retrospective insurance came to the conclusion of this article on retrospective view of the constituent elements of insurance. That is, to constitute a retrospective insurance, subject to the existence of a subjective danger, both parties agreed by the parties, in good faith and real policy-holders subjective insurance starting point early start in the form of points, meeting the requirements of these constituent elements, the retrospective of insurance was to be established and retrospective that has the actual significance.Part 4:To investigate the effect of retrospective insurance law. For the retrospective effect of insurance contract if divided into four cases; retrospective treatment of insurance premiums for the same party for the subjective state is divided into four cases.