保险表见代理构成要件的法律探析

Legal Probe into the Constitutive Requirements of Insurance Agency by Estoppel

《中华人民共和国保险法》引入保险表见代理制度,对于加强保险代理市场监管,进一步规范保险代理行为具有重要意义。然而,保险表见代理制度中的缺陷也造成了司法实践中的困难。因此,通过分析保险表见代理的构成要件,阐明保险人的主观过失应该作为保险表见代理构成的必要条件、行为人没有代理权和代理权终止后也可以成立保险表见代理等观点,意在从司法实践的角度不断完善保险表见代理制度。

Law of Insurance of the People＇s Republic of China introduces the system of the insurance agency by estoppel, which has profound meaning to strengthen the insurance agent＇s market surpervision, and further standardize the agency＇s behavior of the insurance. However, its defect causes more difficulties to the judicial practice too. Therefore, through analyzing the constitutive requirements of the insurance agency by estoppel, the article maintains that the insurer＇s subjective fault should be regarded as the requirement to form the insurance agency by estoppel, and the actor having no or having to end the right can form the insurance as well, which means to improve the insurance in term of the iudicial practice..