Study On Legal Issues In Insurance Blank Period

The conclusion of insurance contract usually has certain process.Generally speaking,insurance contract is established only after three processes: insurance,insurance and insurance.In practice,insurer's insurance usually takes some time,especially in life insurance,which takes longer.Because it takes a certain amount of time for the insurer to insure,the insurance contract will not be established immediately after the applicant submits the policy.Research found that in the insurance company insurance process,often happen insurance accident.The insurance company can not agree to the insurance before the insurance is completed,and the insurance contract is certainly not established.Insurance can not be claimed in the absence of a contract People take responsibility.But in practice,the insurer often requires the policyholder to pay the premium first after receiving the policyholder's insurance policy,at this time the insurance contract is obviously not established.In the case that the insurer asks the policyholder to pay the premium in advance,if the insurance accident occurs in the insurance blank period,whether the insurer should bear the responsibility,has been controversial.Disputes arising from the "insurance gap period" are numerous,and court decisions are different.Insurance accident occurs in the insurance blank period,whether the insurer should bear the responsibility or not,once became the difficult problem that puzzles the judicature,also is the question that the scholar has been arguing endlessly.This article carries on the phase to the insurance blank period Guan's analysis and research,and put forward the corresponding improvement path,hoping to be considered for the revision of China's Insurance Law.The key point of insurance gap dispute is whether the premium received in advance will lead to the establishment of insurance contract.The establishment of insurance contract is an important prerequisite for the insurer to bear the insurance liability.It is obvious that the premium received in advance does not equal the insurer's consent to underwriting and the contract is not established.On the surface,the contract is not established,the insurer itself does not have to undertake contractual obligations.Through the phenomenon to see the essence,the "insurance blank period" dispute that occurs under the case of the policyholder's prepaid premium,if the insurance company does not compensate or do not pay the insurance premium,it is unfair to the policyholder of the weak party.In order to protect the reasonable expectations of the insured group and maintain the reputation of the insurance industry,The settlement of insurance gap disputes has been relatively perfect in other countries and regions.It is of great reference value and reference significance for us to solve the insurance gap dispute.Chinese scholars and local higher people's courts have explored the insurance gap period in many aspects and put forward corresponding countermeasures under the condition of drawing lessons from foreign relevant experience.On the basis of brainstorming and drawing on the foreign retroactive insurance system,the Supreme Law issued a judicial explanation in 2013 to respond to the issue of insurance gap period.But the Supreme Court's judicial interpretation of the insurance gap in the settlement of disputes can not help Some simple rough,the operation is still some problems.After all,judicial interpretation is not a law,only the introduction of judicial interpretation,or can not better solve the insurance gap in many disputes.It is reasonable to analyze and study the relevant experience of insurance gap disputes in foreign countries and to construct temporary insurance system or retroactive insurance system.Temporary insurance is voluntary and compulsory.In comparison,compulsory temporary insurance is more suitable to the situation in our country.The introduction of temporary insurance has practical significance and feasibility for the settlement of disputes in the blank period of insurance.Temporary insurance can not only protect the reasonable rights and interests of the insured group,but also improve the reputation of the insurance industry and promote the development of the insurance industry.The introduction of temporary insurance in legislation,so as to better solve the problem of insurance gap at the level of legal system.Given the judicial interpretation After the provision of retroactive insurance,the further improvement of the retroactive insurance system in China's insurance law is also a good way to solve the problem of insurance gap period.As for temporary insurance and retroactive insurance,how to choose and choose,or according to the specific situation of specific analysis.