On The Establishment Of Insurance Contract

The establishment time of the Insurance contract,related to the contract’s establishment, effectiveness and the beginning of the responsibility, is crucial to policy-holders’and underwriters’ relevant rights and interests,and also is the focus of insurance disputes.The process of signing insurance contract for some insurance companies is not standard, which may let the policy-holder misunderstand.The occurrence of the "The law case of life insurance contract that SunXiao prosecute Citic-prudential"reveals the legal regulations omissions revealed in the insurance contract. However,"insurance law" was changed several times, the latest modification"insurance law"in2009about the provisions of part of the insurance contract, the provisions of the content are still not enough detailed that can’t make up our country insurance laws existing loophole, thus that lead the people understanding the insurance contract into fuzzy.This paper is divided into three parts, the first part is the case introduction and dispute focus, introducing the selection of typical case of the basic details of a case history and the court on the trial of the case. And this part mainly introduces the dispute of different understandings about the establishment time of the Insurance contract in the case.The second part is the legal analysis of the case which is the key part of the paper. According to the "contract law","insurance law" and other relevant laws and regulations, combining with the law theory, to study the effect of the contract of insurance combing important factors of the establishment of insurance contracts, including commitment mode, pay insurance premium, issue the policy,"Ex Gratia Payment" problems such as compensation. Firstly to differentiate and analyze the conception, then combing with the legal provisions to explain that, and to list some scholars’or the judges’point of view, finally to put forward the personal opinion of the analysis of the problem.The third part is to put forward system improvement and further perfection suggestion for China’s current law. The author hopes that through legislation, unified temporary insurance system to improve insurance contract process. The first section refers to foreign related legal provisions to analyze the feasibility of the temporary provisions;The second section puts forward improvement strategies for temporary insurance system design of our country, combing with the insurance industry standards of "insurance law" and relevant articles of law and judicial interpretation puts forward reasonable suggestions, and further analyses the role and function of the temporary insurance system from the point of view of law.