On The System Of Double Insurance

For the insurance law, the double insurance system has important theoretical and practical status. It is based on the principle of indemnity, but its functions are far beyond to prevent the insured to obtain the profits which exceed his actual loss and to avoid the occurrence of moral hazard. In practice, it also benefit to decentralize risks, reinforce safe guarantee and balance the profits between the insurer and the insured, and insurers, so to ensure the proper function of insurance system. Compared with such developed countries as USK, USA and German etc., not only in the theory, but also in the judicial practice, the study of double insurance system of China is deficiently now. Especially in the aspect of theoretical study, researchers have paid more attention to the basic theories of double insurance and ignored the detailed and profound research on the construction of it system. In the legislation and the judicial practice, the insurance law of china only has one clause-article 41 on the regulation of double insurance, and the stipulation is simple and rough. Those all bring us the barrier to solute the insurance issues by the law. In view of the above phenomena, this article tries to study the double insurance in the round. During the course of writing this article, the methods, such as the analysis of demonstration, are used. On the basis of referring to the datum which I have found, studying the relevant provisions in the insurance law of our country and the legal provision of foreign countries, the author elaborates some viewpoints, and tries to give some flimsy advice to perfect the double insurance system of our country.In details, this article consists of four parts apart from introduction and conclusion, It is organized as follows: the first part, the legislative significance and the definition of double insurance; the second part, the recognition of double insurance; the third part, the legal effect of double insurance contracts and the duty of notification; the fourth part, the relationship among the parties of double insurance.The first part, the legislative significance and the definition of double insurance. About the legislative significance of double insurance, the author stresses, it not only has negative functions such as to prevent the insured to obtain the profits which...