The Study On The Application Of Favorable Interpretation Principle In Insurance Contract Of China

With the rapid development of human society and economy,the insurance market has become increasingly prosperous since modern times.However,with the frequent insurance activities,insurance disputes are common.Because of the insurance contract has the characteristics of our sex,most of the insurance contract terms and conditions are provided by the underwriter unilaterally,so that the insured in conclude when insurance contract can only passive to accept the position.At the same time,the insured suffers from a lack of professional knowledge,which makes it difficult for them to truly understand the real meaning behind the contract terms.In order to properly solve the dispute reasonable,favorable interpretation principle in the our country "insurance law" clearly,but has no room for the suitable way to make the principles of law aims to maintain the purpose of insurance trade fair has become a castle in the air.In view of this,the relevant provisions of this principle have been adjusted in article 30 of the insurance law.The new amended law provides that the principle of favourable interpretation shall apply only when the standard terms are "still difficult to understand after normal interpretation".This stipulation makes clear the object and rank of applying the principle of favorable interpretation in the insurance contract and also reflects its role as an auxiliary in the interpretation of relevant clauses.More importantly,the revision of the law makes the court without thinking when hearing the dispute on the specific case of insurance disputes went straight for favorable interpretation principle situation got around,this is changed in the past as long as the principle of favourable interpretation should one-sided views in favour of the insured.However,after careful consideration of the revised law,we found that the meaning of "general understanding" in the law was unclear,and the path of seeking "general understanding" was not clear.In addition to the above problems,involved in the insurance contract interpretation of professional term of professional and favorable interpretation principle which is priority in doubt,favourable interpretation scope should include the principle of insurance formulated by the competent authority of the basic clauses need to be clarified.In addition,in the misuse of favorable interpretation principle arises at the historic moment under the background of the judicial principle of legitimate expectation of favorable interpretation principle has formed the huge impact,at the same time complementary and favorable interpretation principle,correctly define the relationship between them and try to bring it into China's insurance legislation or will contribute to improve the principle of favourable interpretation of abuse.In this paper,the connotation and legal basis of the principle of favorable interpretation will be explained and the existing problems in its application will be sorted out,and the existing problems will be discussed so as to provide a way to solve the problems.At the same time,in order to better explain the principle of the abuse of regulation,this paper tries to introduce the principle of legitimate expectation insurance legislation in our country,thus to achieve favorable interpretation principle in the insurance contract is reasonable.