The Regulation Limits And Legislative Suggestion Of The Valued Insurance

At the time of an Insurance contract concluding,the "value" of the valued insurance has been determined by engagement by the parties,which is very important difference between the valued insurance and the unvalued insurance.The social demand is the origin of the valued insurance,and it's this point that embody the system value of this Institution.Legality position of the valued insurance is stable and the query to the purpose of this Institution has been defused,when we analysis disputes combine the nature?characteristic with value of the Institution.At the background of experiments and practicing in Catastrophe Insurance,it's necessary to regulate the valued insurance in many aspects in order to make sure it's function.To achieve this purpose.Combine what we have discussed above with what have analyzed about related cases of our country,it's easy to give some suggestions about how to modify and perfect our Insurance Law.This article have six parts except the Introduction,each part of this paper mainly discusses these questions as follow:The first part mainly talks about the purpose and the system value of the valued insurance.the valued insurance can prevent high security and low compensation to some extent,can guide the insurer to check the insured object,and it can also help to solve the trouble of evaluation price.As for the relationship between the valued insurance and indemnity principle,we can prove it through anlayse the relationship between legal principle and rules of law.Considering the difference between the valued insurance and the unvalued insurance,we should not require the valued insurance is abide by the principle of indemnity just as the unvalued insurance does.The second part wants to defuse the question of the valued insurance from academic circles.They doubt whether the objective of the valued insurance can be realized and whether the valued insurance is one of the causes of moral hazard.To answer these questions,this part will come to an argumentation that these questions cannot shaking the foundation of the valued insurance,and all these questions have it's own flaws.This part also think now that there isn't a positive correlation between the valued insurance and moral hazard we cannot deny the existence of the valued insurance just because of the possible moral hazard.The third part is to analysis some cases occurred in our country.This part mainly focus on traits of these cases,and we can also explore some problems under these cases.when we talk about "explicitly agreed",the word "explicitly" should contain two kinds of meanings,the first one is specific figure,the other one is one way that can confirm a specific figure.The forth part plans to explore how to regulate the valued insurance reasonably from the perspect of subject.These suggestions lie in two aspects,that is,insurer and insured.As to insurer,it's advisable to confer insurer verify rights about the insurance object rather than obligation;as to insured,it's reasonable to control moral hazard that come from the insured.The fifth part plans to regulate the valued insurance reasonably from insurance coverage.As to insurance coverage,the range of the insurance object need be restricted to real estate and some particular personal property,and property loss need to be based on which kind of object,and excess valued insurance should be rationally solved.The sixth part is the last part of this article,this part comes to a conclusion and makes suggestions for our insurance law based on the basis of the first five parts.in this part,the conclusion contains many elements,such as the value need be "explicitly agreed",the range of the insurance object need be restricted to real estate and some particular personal property,the excess valued insurance should be rationally solved and so on.