Research On The Perfection Of Insurable Interests Legislation

Insurable interests stems from the marine insurance system.The original intentionof the insurable interests is to distinguish the insurance with gambling and reduce thecriminal activity in the insurance field.With the development of insurance,insurableinterests gradually been established as a basic principle in insurance legalsystem.Different insurable interests legal norms of the world and various academicachievements of experts and scholars all provided data for our research.Theseinnovative thinking forms many insurable interests theories,and it laid the foundationfor the study of insurable interests.In the modern insurance system,insurable interests has become the core elementsof the insurance and the insurance contract.If the insured do not has insurable interestsin a certain time,the insurance contract is null and insured will not get the insurancemoney.The Insurance Law in China has made systematic provisions in insurableinterests.But there are still some problems in our Insurance Law:the scope ofinsurable interests is not clearly defined,the provisions of the insurable interests ofstakeholders period is not reasonable,the loophole of the legal consequences on thetransfer and loss of insurable interests.There are various reasons lead to thisphenomenon.For example,the late start of China’s insurance legislation,the loss lawawareness of insurance parties,the shortage of composite insurance legal talent,andthe unhealthy way of the insurance development.These problems result in interests donot used fully and cause unnecessary insurance disputes.So it can not conductive tothe protect the legitimate rights and interests of the insured parties,but also can notgive full play to the insurance risk diversification.Thus,it is need to get furtherresearch on the perfection of insurable interests legislation.In fact,the perfection of insurable interests law is not only be able to effectivelyavoid and reduce the incidence of moral hazard,but also contribute to help theinsurance contract successfully completed and effectively safeguard the legitimate rights and interests of the insured parties.And then it promote the healthydevelopment of the insurance industry.For a long time,theoretical research ofinsurable interests is more mature.The research of insurable interests in developedcountries and regions provide reference in legislative form,content and basictheoretical research for our research.Combined with increasingly rich legislatorslegislative experiences are perfect.All these provide objective conditions for ourresearch.Thus,it should be based on the healthy development of insurance industry inour country and the status of the insurance market as a leading to perfect thelegislation of insurable interests.It is necessary to clear the rance of insurableinterests,set the reasonable time of insurable interests and add to the legalconsequences on the transfer and loss of insurable interests.And then made ourinsurable interests items and norms more reasonable and operational.