Insurance Contract Interpretation Of The Provisions System Format

China's new"Insurance Law"Article 30 provides that an insurance form provided by the insurance contract terms, the insurer and the insured, the insured person or beneficiary of the terms of the contract dispute, it shall be interpreted in accordance with the usual explanation. There are two more on the interpretation of contract terms, the people's court or arbitration body shall be made in favor of the insured and beneficiaries to explain. The adverse terms of principles of interpretation applicable to the condition that the"commonly understood to be explained by two or more resulting interpretation", then"be interpreted in accordance with the usual understanding"has become the crux of the problem, we need to"be construed in accordance with commonly understood"as further defined. When the explanation does not usually solve the problem, apply the principle of negative interpretation. That certainly applies to negative interpretation is the most fair and efficient resolution of contractual differences it? We need to be further explored to find solutions to the insurance contracts standard terms to explain way.This paper analyzes Yangshuling claims from the start the real case, by the insurance contract terms of format, there are often some of the explanation of the terms of the legal effect is usually interpreted, reasonably be expected to adversely principles of interpretation and analysis of the principles of interpretation, the terms of the interpretation of insurance contract format system.This total is divided into four parts.The first part involves a brief introduction to the case of this case, the focus of the controversy to find out the case, a simple exposition of the use of focus under the controversial legal theory.The second part is the interpretation of insurance contract terms appear in the definition, there are reasons, classification and effectiveness research. Our research in this area is still relatively small, there is no system, but in real life interpretation abound in the insurance contract terms, so explain the terms of the study have important practical significance. Insurance contract , professional , language deficiencies of their own to promote the existence of a reasonable interpretation of the terms; explain the main provisions of the development of a relatively complex, and different decision-making body to explain the terms of the effect. The third part is the"generally interpreted"the meaning of the applicable conditions and find ways to further elaboration. China's"Insurance Law"is only applicable at the time the disputed provisions of the terms"generally interpreted", but has not specified how the"generally interpreted", which also left many questions of judicial practice. By the general interpretation of the contract and other means to find"is usually interpreted'explore'is usually interpreted"elements of the application, further clarity is usually interpreted.The forth part is detrimental to explain the principles of inquiry, to improve the interpretation of standard terms of insurance contracts system. The main principles of interpretation of adverse conditions of use, features and defects. Detrimental to the principles of interpretation of insurance contracts in order to balance the rights and obligations to protect the weak position of the insured. But using the principles of interpretation of the adverse conditions should be more demanding, to prevent the abuse of adverse principles of interpretation, resulting in instability of the insurance contract, loss of contract, the nature of autonomy.