保险法中合理期待原则的产生、适用及其局限性

The origination,application and limitation of the principle of reasonable expectation in the Insurance Law

合理期待原则作为"事后救济机制",是保险人缔约说明义务不足或缺失时的一种补充救济措施,它使保险消费者权益保护之法律机制更趋完善与缜密。尽管我国新的《保险法》并没有明确规定合理期待原则,但立法已有对这一原则伸张触角的痕迹和努力,显现出我国保险立法与日俱进的特征。合理期待原则本身仍然存有相当大的局限性,在保险业日益发展、规范的今天,研究和探讨合理期待原则对于完善我国保险立法将有所裨益。

The reasonable expectation principle, as an ＂after-event remedy mechanism＂, aims to make up for the deficiency or absence of insurer statement. It makes the legal mechanism for protecting insurance consumers more effective and rigorous. Even though the new Insurance Law of China doesn＇t have a specific provision on the reasonable expectation principle, but there has been signs of efforts to flex the antenna of this principle in legislation, indicating that China＇s insurance legislation is moving with the times. This principle itself still has fairly significant limitation, but in the face of continued strong growth and increasing regnlarization of the insurance industry, it is of great value to make research on this principle for further improvement of the Insurance Law.