关于保险合同订立中若干难点问题的思考

保险合同订立过程中,交纳保费、签发保单与保险合同成立、生效的关系,事关保险合同双方权利义务关系的确定。目前《保险法》的相关规定或不明确,或与保险实务操作相左,由此引发了实践中的很多纠纷。《保险法》修订应当明确将签发保单作为保险人承诺的标志,否认预收保费行为的承诺性质,并同时引入法定追溯条款,强化缔约过失责任,以求得保险人与被保险人之间利益的平衡。

In concluding an insurance contract, paying insurance premiums and delivering an insurance policy are in connection with the insurance contract conclusion and its going into effect, and also in good connection with affirming the rights and obligations between both sides of the contract. Now, some of provisions of Insurance Law are indeterminacy or conflicting with practice of insurance＂ industry, which cause lots of dissen- sion. Insurance Law amendments should treat the delivering insurance policy as acceptance of the insurer, not the couection of insurance premiums in advance as acceptance of insurer and at the same time induct the backward provisions, strengthen the gaffe obligation of concluding contract, which keep the benefits balance of the insurer and the insured.