Insurance Benefit And The Rule Of Profit And Loss

Tort victims are usually the insurance benefit owners,when the victims have gained the insurance benefit after the accident happened,whether the obligation of the injurer can be reduced within the scope of insurance benefit.Civil law brings it into the category of rule of profit and loss.But written law countries,including China,have not enacted the laws which explain rule of profit and loss.Moreover,our country have not done some deep research about this topic and don’t have clearly defined standards to judge the range and standard of rule of profit and loss.In order to remedy the situation,this article concludes the legal relationship between the insurance benefit and rule of profit and loss based on different kinds benchmark of insurance,trying to explore the solution of this problem by typed way.This article has presented four standards,they are the rule of law,purpose of the insured person,the evaluation of losses and the homogeneity of compensation items.At the same time,this article has cleared the effectiveness level of the four standards,and at last,this article has introduced the different categories of commercial insurance and social insurance to analyze the topic.The first part summarizes the meaning of rule of profit and loss.This part states four aspects:theoretical basis of rule of profit and loss,judgment standard of rule of profit and loss,applicable procedure of rule of profit and loss,the present situation of rule of profit and loss in judicial practice.This part introduces theory and the juridical practice of rule of profit and loss.And this part will be used to discuss whether the insurance benefit is suitable with the rule of profit and loss.The second part focuses on the standards of insurance suitable with rule of profit and loss and has built four standards to judge whether the insurance benefit is suitable with rule of profit and loss.They are the legal regulation,insurance purpose of the applicant、evaluability of loss and homogeneity of the compensation items.Then this part analyzes the effectiveness level among the four standards.These four standards are the core evaluation standards of the case of rule of profit and loss and they are the legal basis used to discuss the relationship between the insurance benefit and rule of profit and loss.The third part states the relationship between property insurance benefit and rule of profit and loss.In property insurance,cargo insurance and liability insurance have different features.This part focuses on the cargo insurance and liability insurance.For cargo insurance,this article distinguishes whether the infringer is the third man or the applicant.For liability insurance,the tortfeasor must be the insured.Then,we list some views of scholars on this issue,and finally we have combined the four standards to discuss the relationship of the insurance benefit and rule of profit and loss in property insurance.The fourth part mainly discusses the relationship between the insurance benefit and rule of profit and loss in personal insurance.This part,first of all,introduces some cases to raise the problems,and then introduces some scholars’ views on this issue,and finally distinguishes whether the tortfeasor is the applicant or the third man in the personal insurance,combines the four standards to analyze the relationship between the insurance benefit and rule of profit and loss in personal insurance.The fifth part discusses the relationship between the insurance benefit and rule of profit and loss in basic medical insurance.This part introduces some cases to raise the problem about whether the infringer can use rule of profit and loss when the victim has gained medical fee from basic medical insurance,and then introduces some scholars’ views on this issue,finally combines the four standards to analyze the relationship between the insurance benefit and rule of profit and loss in basic medical insurance.The sixth part mainly analyzes the relationship between the work-related injury insurance benefit and rule of profit and loss.This part,first of all,introduces some specific cases in judicial practice to raise the problem about whether the infringer can use rule of profit and loss when the laborer has gained work-related injury insurance,then analyzes the academic point of views on this issue,finally distinguished whether the infringer is the employer or the third man and combines the four standards to analyze the relationship between the insurance benefit and rule of profit and loss in work-related injury insurance.