“保险利益”基本问题研究

Views on Fundamental Problems of Insurance Interest

保险利益原则是保险法最为重要的原则之一。然而，尽管我国《保险法》对保险利益做出了一些规定，但由于《保险法》是在我国法学界对保险利益理论研究欠缺的背景下，立法者借鉴英国《海上保险法》的结果，故显得过于简单、传统。本文通过比较众多学者的观点，对颇具争议的保险利益概念、归属、存在时点以及保险利益对保险合同效力的影响等问题进行探讨，并提出自己的看法。

Although Insurance Law of China has stipulated on＂ Insurable Interest＂ principle which is one of the most essential principles of Insurance Law, this provision is obviously too simplistic, traditional and outdated, because our regislator had inadequate understanding of insurable interest when the law was drafted, and had borrowed from Marine Insurance Act 1906 of England. On the basis of comparing various views of scholars, the paper expresses its own views through the study on the definition of Insurable Interest, timing and vesting of Insurable Interest, and the way that Insurable Interest influences the validity of insurance contract.