The Study Of The Grace Period Mechanism’s Systematic Construction

Insurance is the most significant value and function of lies in the collection of social a portion of the body force formed the danger of a wide range and large capacity coexistence, coexistence in vivo members because of the risk of damage caused and in need of relief, the coexistence will play its role in relief, risk dispersion in the body of the coexistence, impaired subjects timely and full compensation. Along with the occurrence of unpredictable risk probability is increasing, in order to make their own risk of loss to be compensated, the national will choose to insure, and this kind of consciousness is strengthened day by day, which of China’s insurance industry proposed, claims, legal services of strong demand, but corresponding to the status quo is, China’s insurance industry varies greatly, industry standards and professional ethics is still not enough to give full play to the role of regulation national on the insurance industry generally hold suspicion and even questioned the attitude. In order to better play to the insurance the relief measures, it is necessary to constantly modify and improve the "insurance law" of our country, in order to standardize the behavior of insurance companies and insurance interests of national security, and promote the healthy and stable development of the insurance industry in our country.Insurance contracts in the practice mostly adopt the installment, the insured except for to pay the first period insurance premium when the insurance contract in force each year, and also according to the effective date of the policy specified date to pay the agreed amount of insurance premium. But due to many reasons, not every applicant can timely payment of insurance premium, if there are no timely payment will result in suspension of the validity of the contract, to restore the validity of the contract must be after re effective procedures, which for the parties to an insurance contract are time-consuming and laborious thing. In order to properly solve this problem, In our country, the grace period system. The legalization of the system is undoubtedly a benefit for the insured, giving its buffer financing to renew the validity of the insurance contract.Due to the lack of authoritative explanation and case instruction. As a result, the grace period applicable in understanding differences larger, the insurer and the insured for claims that differences in the provision of larger, caused a deeper contradictions, but the intensification of the relationship between the insured and the insurer. The roots of the current system of grace period for weak because of the mix of China’s "insurance law", take the legislative rules of continental law system and Anglo American law system, did not form their own independent conforms to the national conditions of the complete legislative rules. I hope that through the analysis of the grace period and related systems, to provide a feasible reference and advice.This paper is divided into three parts. The first part mainly analyzes the application of the grace period, which is divided into three parts:The contents of the first one is applicable to the current system of the grace period in China the status quo; the second content is reference outside a grace period system applicable legislative rules; a third of my grace period system applicable suggestions.