复保险欺诈法律规制

Legal Regulation about Double Insurance Deception

笔者认为复保险欺诈区别于善意复保险之处在于投保人于保险合同订立之际,意图谋取不当得利,或在保险合同有效期内知悉复保险的存在而不为通知,或故意为虚假通知。对于复保险欺诈的法律规制,认为应将复保险欺诈作为保险合同法定无效的原因,对严重的复保险欺诈应追究刑事责任;可以赋予保险人司法协助请求权,建立反保险欺诈信息中心。

The author thinks that the distinction between double insurance deception and well -meaning double insurance lies in that the policy holder has the intention of getting inappropriate benefit when making the insurance contract, or the policy holder does not inform the fact though he knows the existence of double insurance or gives a false notice. As to the legal regulation of double insurance deception, the author thinks that deception in double insurance should be regarded as the cause of making insurance contracts legally invalid. As to serious double insurance deception, criminal responsibilities should be investigated .and affixed. The insurer may be bestowed the fight for requesting judicatory aid and an information center for preventing deception in double insurance should be established.