"Blank Period" Contract Insurance Liability Research

With the development of China's economy and insurance industry,more and more people begin to accept and buy insurance.However there is a particular "blank period",in which the policy-holders may have filled out insurance application and delivered the first or the whole insurance,but are not entitled to any insurance coverage.In fact,there is likelihood that no expected compensation can be made to the insured due to the frequent occurence of disputes arising from this "insurance blank" period.This may not only,in the long term,undermine the expectations and interests of the insurant,but also in some degree compromise the prospects from the public on the insurance industry,and even the development of China's insurance industry.Therefore,the insurance liability of the underwriter in the "blank period" not only has constituted a problem that has troubled the judiciary,but also has become a hot topic for scholars.This paper analyzes and researches on this issue in order to offer a theoretical solution to the problem of insurance liability of "blank period",and attempts to propose a legislation regulation and construction.The insurance liabilities associated with the " blank period " will be analyzed and discussed from three aspects.This essay begins with a general introduction of contractual liabilities involved in the "blank" period,mainly focusing on the nature and connotation and then summarizing the corresponding legal characteristics.Analysis will be further made on the validity of insurance contract and its effects on the insurance liabilities,as well as the interactions between the pre-paid premiums,the insurance contracts and the validity of the contracts.In addition,it also introduces the "blank period" contract insurance liability system of other nations and regions,and hopefully may provide Chinese policy-makers with insights and reference for the construction of the system.Second,this paper gave a theoretical analysis of the insurance liability of "blank period" contract.On the one hand,he theoretical basis of "blank period" contract insurance liability was given which was proved theoretically.on the other hand,this paper also analized the legal nature of the insurance liability of "blank period" contract.after a breif combing and introducing of the differences of arguments,this paper came to the understanding of nature of the insurance liability of "blank period" contract,which laid the foundation for the latter part of this paper.At last,this paper designed a corresponding system for the legislative construction of our country on the insurance liability of "blank period" contract.First,the present situation of legislation and practice on this issue was combined and reviewed,based on which the problems and deficiencies were pointed out.Then this paper came to a specific legislative response on how to perfect the the insurance liability of "blank period" contract of our country.the solution could be summed up that the paper proposed that the presumption of the rules for the presumption of a contract,the temporary insurance system,as well as the retrospective insurance system,should be introduced and established in the Insurance Law.In this way,the problem of taking the responsibility of the insurance liability of "blank period" contract should be resolved and the interests of the insured and the beneficiary should be protected.What's more important,it'll help promote the perfection and development of insurance law and insurance industry in China.