保险合同解释之我见

On the Insurance Contract Interpretation

保险合同解释是处理保险合同纠纷的一项重要手段,但是,我国保险法律在保险合同解释方面的规定却不很完善。法院、仲裁机构在解释实践中,不能准确平衡缔约双方的权利义务的情况时有发生。介于此情况,本文试通过阐释我国保险合同解释在立法中的不足和实践中存在的问题,并比较英美、大陆两大法系保险合同解释的原则和方法,参考众学者观点,论述完善我国保险合同解释体系的必要性并提出一些建议。

Although it is an important tool in the resolution of insurance contract disputes, the insurance contract interpretation has not reached perfection in its regulation in the practice of the interpretation of Chinese Insurance Law. There are such cases where the courthouse and the arbitration institution can not make an accurate judgment as to the rights and obligations of the contractors. The paper, on the basis of this fact, aims at an initial analysis of the necessity and some suggestions to perfect China＇s insurance contract interpretation system through an elaboration of the interpretation insufficiency and some problems existing in its practice by a comparison of the interpretation principles and methods between the world＇s two major Legal systems, Britain and American, with the help of a variety of scholarly viewpoints.