| Overall, of the Insurance Contracts Act, the balance of interests is the common pursuit ofvalue. But, because of the insurance industry of its own special nature, the practical results of thespecific rules tend to impact the value of the balance of interests. Insurance contract statutoryrescinding system of arbitrary interference relies on its effect on the insurance contract, by givingthe insured and the insured the right to unilaterally terminate the contract, to correct the interests ofthe imbalance. To achieve a "faith" by "secondary processing". Insurance contract statutoryrescinding system is one of the most important systems in our insurance law. China Insurance Acton the theoretical research on the Insurance contract statutory rescinding system is weak; manyproblems need to be reexamined. Though2009China Insurance Act has been modified, there arestill some problems need to be addressed in order to protect the interests of balance. This paperbase on the reflection of the status quo of our Insurance contract statutory rescinding system, use acomparative approach, combine with the legislative practice of other countries and regions,propose amendments and discuss for the inadequacies of China Insurance Act.This paper have a more comprehensive view in insurance contract statutory rescinding systemby many ways, trying to make recommendations to the judicial practice and legislative changes. Inaddition to the introduction, the paper is divided into four parts:The first chapter discusses the general analysis of Insurance contract statutory rescindingsystem, focusing on the analyzing theoretical basis of the system, pointing out that the origin of thetheory is the contradiction of freedom of contract and contractual justice, and the legislativeprinciple is the principle of good faith and the principle of balance on the price.The second chapter discusses the existing defect of our insurance contract statutory rescindingsystem, including the policyholders’ and the insurers’ insurance contract statutory rescindingsystem, it also include the specification’ lack and not uniform, which focus on the part of theinsurer in detail.The third chapter has a cooperation study of other countries and regions according to theclassification of the second part.The forth chapter combines with the theoretical analysis of the preceding chapter, there arestill problems and shortcomings in the new modified China Insurance Act, In this part, this papergive some views to improve China’s insurance contract statutory rescinding system. |
