Theoretical Study Of Insurance Retroactively

The retrospective insurance stems from the "loss or not loss" clause of in the United Kingdom.Its content is mainly refers to the parties agreement on the policy, the insurer of insurance contract isconcluded in the insurance period before but damage occurred assume insurance responsibility,unless in conclude when insurance contract insurant already know loss occurring and underwriters.The retrospective insurance system, at first is to solve the problem that when the policy-holder makethe insurance or in floating policy or open policy is declared, it make insurance contracteffectiveness,although insurance mark may have occurred, the influence of damage or loss. TheBritish history of Marine insurance, to protect insurant right and solve the sea cargo transportationinsurance dispute,plays an important role. Since then Germany, Japan, Taiwan and other countriesand regions have to develop and improve the retrospective insurance, and the retrospective insurancesystem applies to the whole insurance field. In the history of insurance, it played an important role insolving insurance disputesIn China, as China’s insurance market gradually opening, the insurance market competition isincreasing fierce, some insurance companies in order to fight for market share, often expandinsurance period range in the policy, and constantly extend back period, retrospective insurance inthe insurance practice has often appeared. At present although insurance practice has accumulated alot of back case, retrospective insurance did not cause the attention of the insurance law theory. Ourcountry "insurance law" and "maritime law" don’t make clear provisions about retrospectiveinsurance, at the same time,the legislative cases are not clear, what’s more insurance law teachingmaterials and monographs also rare to its introductionAlthough our country’s companies in2006in the trial of Marine insurance disputes about someissues of the regulations, judicial interpret the retrospective insurance for the first time in the affirmedform. However, at present, the scope is limited to Marine insurance. Along with our country thecommercial insurance market development, the insurance product of growing, if China’s insurancelaw theorists to retrospective insurance is still not in-depth,and if insurance law is still no clear, facingthe complicated insurance disputes, the judicial interpretation is not enough. Based on the phenomenon that the retrospective insurance in our country insurance market lackof legislation, but the legislation and theory in resolving the insurance disputes in practice is inurgent, this paper will discuss the retrospective insurance’s law and theory in learning English,Germany, Japan and other countries or regions, combined with the actual insurance market and theinsurance disputes.the retrospective insurance theory is launched as followed: based on the theory ofour country at present to retrospective insurance understanding, through the insurance contract,insurance liability begins time,it will make clear of the concept of insurance;compared with the basisof other the concepts which is easy to confuse with the concept of the insurance retrospective, it willfurther define the connotation of retrospective insurance, so as to facilitate the practice to solvedisputes;Combined with insurance legislation situation of the retrospective insurance precedent andback in the countries all over the world, it will have a comprehensive understanding of theretrospective insurance; at the same time,it will study the composition of the retrospective insurance,so as to explore China’s back the retrospective insurance theory.