On The Balance Interests Of The Parties To The Insurance Contract

Insurance is a kind of on the premise of social mutual aid to spread risk, to absorb losses for the purpose of economic compensation system, it is a risk for the content of a commercial transaction behavior. Policy-holder side by insurance contract to get the insurance money to absorb losses and resist risks, the insurer side by charging premium to compensate for risk consequences and obtain their own economic interests, can be seen by the characteristics of the insurance contract, policy-holder and underwriter are exist in insurance contract for the purpose of certain conflicts of interests, therefore, need to balance the interests of both parties. And conclude insurance contract performance of the process itself is a kind of balance of interest measure and process of both parties, both parties after a type of insurance, risk sharing, insurance coverage, insurance to pay limits, the premium pay way, etc, and the rights and obligations of designated to exercise their rights and obligations and maintain its own interests, so as to realize the balance of mutual interests. Based on the analysis of causes of interests balancing requirements in the insurance contract, the argument because of asymmetric information in insurance activities, the uncertainty of risk have occurred, the parties, the pursuit of the interests of the existing contradiction, thus the interests balance in the insurance contract party has its necessity of existence; Through the analysis of the insurance law of our country to balance the interests of the parties, the law of the provisions of the insurance contract party for the force balance, insurance law in legislation and the value pursuit of adhering to and reflect on interests balance; Through the analysis of the law of insurance interests balance in applicable and the existing problems in the insurance practice, demonstrated in the process of balancing of interests existing law and practice the objective situation of disconnect, need to further improve the relevant provisions of insurance balance interests; Through the analysis of the methods of perfecting the relevant interests balance law, demonstration of the importance to protect the interests of balance, and clearly benefit balance should be throughout the insurance contract on its performance of the process.