谈商业保险不利解释原则在社会保险争议处理中的适用性

The Disadvantageous Explanation Applying in Commercial Insurance in Social Insurance

商业保险中,保险双方争议的解决遵循不利解释原则。随着社会保险争议的日益增多,社会保险争议处理适当与否直接关系到保险当事方的切身利益和我国社会保险制度的健康发展,文章在界定社会保险争议的基础上,试图通过对现阶段我国社会保险争议处理机制和争议处理现状的分析,指出社会保险同商业保险相似,由于被保险人的弱势地位,使其在社会保险争议中往往成为利益受损者,处于被动地位,得出商业保险的不利解释原则在社会保险争议处理中具有适用性,应该成为合理解决社会保险争议的可鉴之资。

In commercial insurance contracts, clauses should be explained in the favor of the insurants when they are disputed. It is called the Disadvantageous Explanation Principle, With the increase of disputes in social insurance, whether they are treated properly relates to the interests of the parties and the development of the whole social insurance systems, Based on the proper definition of social insurance disputes, the paper tries to carry on an analysis on disposal systems of social insurance and their current situations in China and points out that, as commercial insurance, due to the weak status in disputes, insurants are often the side whose interests are damaged. The current disposal systems for social insurance disputes often make the insurants in a passive situation in the maintenance of their own interests, In the paper the author meant to conclude that Disadvantageous Explanation Principle of commercial insurance is of applicability in social insurance disputes solving. And it should be used for reference in solving social insurance disputes reasonably.