基于诉讼防范的保险合同前期交易成本与后期执行成本权衡

On Weighing the Front-end Transaction Cost and the Back-end Enforcing Cost of Insurance Contract to Cope with Litigation

随着我国保险市场的快速发展和社会公众法律意识的不断提高,保险合同纠纷诉讼案件日趋增多。为此当事人须耗费大量的金钱、时间、精力,这些均计入诉讼成本,区别只在于:一方耗费的诉讼成本多一些,另一方耗费的诉讼成本少一些。不管最后的结果如何,当事人都是输家,是"双输"的结果。究其原因,是保险合同当事人没有权衡好前期交易成本与后期执行成本的关系,前期交易成本过低,致使后期执行成本高昂。

With the rapid development of our insurance market and continuous improvement of the public law consciousness, the court cases of insurance contract have been increasing day by day. The parties must consume a great deal of time, energy and money, which can be calculated costs, the difference is that one party expends more, the other party expends less. Whatever the consequences, all of the parties are losers, being double losing. The reason is that the parties do not balance the front-end transaction cost and the back-end enforcing cost properly, the former being too low, the latter being too high. The article analyses why the front-end transaction cost is too low, putting forward corresponding proposals.