论信用保险项下重复保险制度的构建

On constructing the overlapping insurance system for credit insurance

信用保险在我国是一个新兴的保险种类,根据我国《保险法》对于保险的基本分类,信用保险属于财产保险的一种,但实际上信用保险较之一般的财产保险存在诸多特殊之处,特别是在重复保险问题上更是难以适用《保险法》针对财产保险所设计的相关制度,同时,也不能按照人身保险"生命无价"原理确定和解决重复保险问题。当信用保险市场开放时,各保险人就会面对重复保险如何界定和分担责任的问题。本文对这一问题提出了一些解决思路。

Credit insurance is a new type of insurance business in China. According to the categorization by the Insurance Law, credit insurance belongs to the line of property insurance. However, in actuality, credit insurance is different with general-purpose property insurance on many aspects. In particular, it hardly fit with regulation on property insurance by the insurance law in overlapping insurance. However, we cannot follow the principle of ＂invaluable life＂ for life insurance to determine and solve the issue of overlapping insurance. Insurers will face with the question of how to define overlapping insurance and share the responsibilities when the entry barrier to the credit insurance market is lifted. This article offered some thoughts on this issue.