Research On The Insurable Interest Censorship Institution Of Life And Health In China

In November 26 th 2015,China's Supreme People's court held a press conference,issued the "Supreme Court on Several Issues concerning the application of People's Republic of China insurance law interpretation(three)" the personal insurable interest of active censorship.This paper from the theory of insurable interest,by comparing China's insurance practice and comparative study on the legislation of civil law and common law,finally puts forward the legislation suggestions on insurable interest system.The first part,the definition of insurable interest and insurable interest function are discussed,the insurable interest refers to the insured or the insured to some existing legal interests of the insurance mark.The function of insurable interest includes distinguishing gambling from insurance,preventing moral hazard and limiting the amount of compensation.Secondly,it discusses the legislative principles and specific rules of personal insurance interest.Because the legislative principle and rules of personal insurance interest are the main basis of our country's insurance interest review system.The second part demonstrates the necessity of the insurance interest review system.The necessity of examination is discussed mainly from the aspects of preventing moral hazard and the influence of contract lacking life insurance benefit on the validity of contract.The third part of this article mainly demonstrates the method of active review,including two aspects,namely,the insurer's review of the interests of personal insurance and the court's review of the interests of personal insurance.The fourth part analyzes the current situation of the review of the insurable interest in our country.Including the current legislation of insurable interest of censorship,China's life insurance interest review system and abroad,comparison of overseas legislation,the last of China's life insurance interest review system put forward a sound proposal.