A Comparative Study on Insurance principle of indemnity between the Taiwan and Mainland China
| Autor: | Tsung-yu Kao, 高宗裕 |
|---|---|
| Rok vydání: | 2010 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 98 The insurance is now various countries important people commercial law legal system and the economic system. It shoulders is organizing the social fund, guarantees the social economy life stable and the peaceful duty. The law of insurance is a various countries legal framework's part. The Mainland China is a developing country, the safe service industry is also at the beginning of the beginning stage, therefore, the mainland joins World Trade Organization (WTO) after December11, 2001, is facing the international insurance business challenge besides the insurance business, its law of insurance in Insurance company's configuration of organization, the insurance classification, the insurance business fund's utilization and the supervision, insurance contract's invalid system and safety belt position's aspects and so on applicable scope, must conform with the international insurance law as well as the World Trade Organization general rule, should have the strong similarity with the other member nation safe law.However, stipulation and the WTO member nation insurance law related stipulation the Mainland China law of insurance, is inconsistent in many aspects, the cause insures the litigant or the sponsor when the insurance and the adjustment, faced with legal in conflict and barrier, thus affects the insured and insurer's benefit. Must therefore revise its present safe legal framework, perfect insurance system. The Mainland China law of insurance already by its 11th Standing Committee of the National People's Congress seventh conference in February 28, 2009 through the revision, and will become effective in October 1, 2009. Law of insurance of the 2009 still the maintenance insurance law of contract and the insurance business law coexisted a method frame, has carried on the revision to the insurance law of contract and the insurance business law, altogether eight chapters of 187, the idea increased 29 stipulations. Has the change in the structure style. First, has adjusted the present law of insurance fifth chapter, the insurance business management by supervision with the sixth chapter, the safe agent and the insurance broker, stipulate the insurance direct writing, the insurance intermediary service, the insurance business supervision in turn; Second, has adjusted the present law of insurance contract chapter wealth insurance contract and the life insurance contract, according to stipulates the life insurance contract and the wealth insurance contract in turn successively.But the insurance contract direct relation insured's benefit, is precisely foundation of the insurance implementation. It in the insurance interest and the harm fill principle and so on related system, has also made many place revision, not only causes its law of insurance the overall construction tends with conforms to logic reasonably, is closer with the various countries' safe law, actually a big progress. Although various countries' insurance legislation has established the insurance harm fill principle, and constructed this principle institutional framework, the safety belt position, the duplicate insurance, exceeded the quota stipulations and so on insurance, but what insured the harm fill principle, the insurance compensation idea stemmed from early the marine insurance, and has become in the redemptive insurance contract a core category, in a sense might say, the insurance basic characteristic compensates the principle. The fill is grasps the law of insurance the basic principle, each criterion true foundation which the law of insurance is suitable. May harm the legal mechanism conclusion which fills is two: One to have the loss only then to fill, does not havethe loss not to have the fill. One must be equal to the loss for the fill quantity the quantity. Therefore, generally speaking, the harm fill principle is mainly suitable for the property insurance contract. May know the harm fill is refers to, when the insurance risk occurs causes the insured or the insured suffer the harm, the insurer must in the responsibility scope the actual damage which receives to the insured or the insured carry on the fill. The safe economical fill is refers to after the insurance sign suffers the harm, the insurer provides the economy to the insured to fill, makes insured's financial situation to restore before the harm the condition. Of as for, the Taiwan and Mainland China law of insurance after revised several times, perseveres the harm fill principle for the insurance system in the highest guiding principle, both banks and does not have the difference, because only difference the social growth opportunity and the economic system development, sends in the legal regime, the practice utilization and the theory explanation, still had certain difference. Occurs after the harm, whether the insurer does fill harm of the insured, how to fill? When fills? And insured Yu He plants the situation to result in the request to fill?Fill degree why? When requests to fill? After the fill, has questions and so on what assistance duty to wait for further discussing, defining clearly. In both banks economical intercourse frequent today, harm of fill principle related method compared with the Taiwan and Mainland China, main Greece spirit of by way of the display harm fill principle, does not forbid day by day, when profits the occurrence, avoids the moral hazard, then achieves the insurance system the final goal -digestion danger and the dispersion harm. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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