The Application Of The Contra Proferentem Rule In Insurance Law

Because of the lack of generality and related judicial interpretations of the 30 th regulation of the Insurance Law,the understanding of the article in the judicial practice community is not deep enough,and the results of the trial are even more flawed.The hidden dangers in these legal systems have been seriously inconsistent with the rapid development of the insurance industry today.To change the trial practice,abuses,misuses,and misuses of this article constitute a sound legal system to assist the healthy development of the insurance industry.It is imminent to improve and refine the article.Regarding the provision of the Contra Proferentem Rule,China follows the provisions of the 2009 Insurance Law.This provision has made some progress compared with the provisions in the old insurance law,and clearly defines the applicable premise,application scope,and applicable rank.However,there are still some unreasonable theoretical foundations that are not well-understood.The analysis of practical issues is not in-depth,and the disadvantages that can be absorbed by foreign countries can not be fully absorbed.The concrete manifestation is that the applicable premise of this interpretation principle is ambiguous,the scope of the use type is unknown,and the applicable object is judged.There are different standards and the problem of chaos.This article traces the origin of the Contra Proferentem Rule in the theoretical research method and seeks its true legal foundation and value pursuit.It is to balance the interest relationship between the insurer and the insured through the doctrine of doubtful interpretation and to protect the interests of the weak.Relatively weak policyholders,when there is doubt about the semantics of insurance contracts,are judges who make interpretations that are not conducive to the insurer.Based on the above points of view,through empirical research and comparative research methods,the detailed questions applicable to the Contra Proferentem Rule are analyzed and related conclusions are drawn.In contrast,Article 30 of the current Insurance Law of China shows that it has established that the Contra Proferentem Rule should only apply to the existence of "controversial" format clauses and the second applicable rule system.This is the flash point of this article,but After reflection,it is also unavoidable to find that compared to the importance of doubtful interests interpretation principle in insurance law,its thin rule system can not fully exert its institutional functions.Therefore,the proposal put forward in this article is to improve Article 30 of the Insurance Law.Provisions: At the same time,to construct a comprehensive and complementary judicial interpretation system,the entry point is(1)the insurance law should change its applicable premise from “dispute” to “doubtfulness” so as to avoid the expansion of the interpretation principle,so as to remind judges to apply doubts.The principle of benefit interpretation should be used with caution;(2)The types of articles that are common in insurance contracts should be discriminated on the basis of the manifestation of their will;(3)Drawing on the United States' judgment on the “weak” to formulate the “weak” in China.Judging criteria and setting aside institutional space for new situations.(4)The understanding of "general understanding" requires the judge to pay attention to the substantive justice of the case and have the discretion of the specific target group.Through the analysis and argumentation of this paper,the conclusion is drawn that the theory of insurance can be better enriched in the contents of insurance laws and regulations,and the insurance laws and regulations can better serve the practice of insurance so as to effectively and accurately resolve insurance disputes and promote the healthy development of the insurance market.