Judicial Research On The Principle Of Unfavorable Interpretation In The Disputes Of Insurance Contracts

my country’s insurance industry has been advancing with leaps and bounds since modern times.However,with the continued prosperity of the insurance field,more and more insurance disputes have occurred in practice.As a relatively special commercial contract,insurance contract has the characteristics of compliance.Most of the clauses of insurance contract are drawn up by the insurer,and the insured is inevitably in a weak position of passive acceptance in the insurance contract.Moreover,the insured?s reserve of insurance-related knowledge is often inferior to that of the insurer,which makes it impossible to explore the true meaning of insurance contract clauses.In response to this situation,my country’s "Insurance Law" created the principle of unfavorable interpretation.Due to the lack of a clear application method,the principle of unfavorable interpretation did not achieve the goal of protecting the fairness of insurance transactions in the initial stage of creation.Based on this,my country made corresponding adjustments to the legal provisions of Article 30 when revising the "Insurance Law." However,after in-depth exploration of the adjusted legal provisions,it is found that the principle is still unclear in its application method and application sequence,and lacks relevant judicial interpretations.This status quo has led to a large number of unfavorable interpretation principles in judicial practice.The misuse,abuse,and omission of the relevant insurance contract disputes,and the results of judicial judgments are also very different.Against the background of this abuse of the principle of unfavorable interpretation,it is urgent to establish a sound insurance legal and regulatory system to promote the sustainable development of the insurance industry.This article intends to conduct an in-depth exploration of the legal theoretical basis of the unfavorable interpretation principle,trying to sort out the existing problems of the principle in the prerequisites,applicable levels and methodology of the principle,demonstrate and summarize the problems,and appropriately learn from the foreign application of unfavorable interpretation The excellent results of the principle,the reasonable suggestions for the good application of the principle in my country?s "Insurance Law" and judicial practice,the formation of the necessary tension between the parties to the insurance contract to balance the interests of both parties,and promote the healthy and stable development of my country?s insurance industry New situation.The main body of this article is divided into three parts.The first part is mainly about Bai Chenglin and the People’s Insurance Company of China’s Luzhou Branch’s marine and marine insurance contract disputes,the People’s Insurance Company of China’s Deyang City Branch and the appellee Deyang Huasheng Transportation Industry Co.,Ltd.property insurance The contract dispute case is the main perspective.The PICC Property and Casualty Insurance Co.,Ltd.Changji Hui Autonomous Prefecture Branch and Qitai County Bofeng Weiye Co.,Ltd.The property insurance contract dispute case is a supplementary case.The case is briefly introduced while the relevant disputes are brought forward;second;Part of the analysis of the relevant legal principles needed to resolve the focus of disputes in the above cases,the discussion of the legal theory of the principle of unfavorable interpretation,and the legislative purpose of the principle of unfavorable interpretation;the third part of this article focuses on the above-mentioned problems and extracts the corresponding conclusions,aiming at The three controversies give suggestions on legislation and division respectively,trying to combine the theory and practice of the unfavorable interpretation principle,and provide feasible solutions,so as to explore a judicial application of the unfavorable interpretation principle in accordance with the legal environment of our country.path.