Research On The Legal Issues Of The Retrospective Insurance

China’s Insurance Law does not currently provide for retroactive insurance system,retrospective insurance,according to the agreement of both parties,the insurance liability begins earlier than the effective time of the establishment of the contract,its core characteristic lies in the application of "retroactive period ".Under retroactive insurance,the insurer is liable for the risk before the contract is established and effective,which is not contrary to the uncertainty of insurable danger,and does not run counter to the principles of insurance contract,such as "no danger,no insurance ",and conforms to the principles of freedom of contract,the best good faith of insurance,etc.,and has legal justification.Its constituent elements should be composed of insurance liability starting earlier than the effective time of contract establishment,the agreement of both parties and when the contract is concluded,both parties are subjectively good faith three points,which not only meet the requirements of insurable dangerous elements,but also cover the core characteristics of retroactive insurance,and distinguish with general insurance.The subjective goodwill of the parties is the requirement of the principle of the greatest good faith of the insurance,and it is also the core requirement to trace the validity of the insurance contract.The subject of the obligation to inform under retroactive insurance involves both parties to the contract,and any breach of the obligation to inform by either party will cause the contract to lose its original validity,but according to the different circumstances of the breach,the treatment of the premium is different.It is a better choice to balance the interests of both parties to require the insurer to inform the policyholder of certain matters during the retroactive period,especially the important fact that the insurance accident has not occurred.Combining with practice and domestic and foreign legislation,and conforming to the legislative tendency of maritime law,the perfection of mainland retroactive insurancesystem in our country can make clear its concept and constituent elements in advance on the basis of adopting subjective legislation,and then establish the insurer’s obligation to inform specific matters under retroactive insurance,the application of unified marine insurance and land insurance to this system is extended from property insurance to personal insurance,in order to provide some reference for the development and perfection of mainland retroactive insurance system in China.