对保险合同成立若干问题的讨论——从新保险法谈起

新保险法对保险合同成立的相关内容进行了一系列的修改和完善,但仍存在几个方面的问题,如:保险合同究竟为要式抑或非要式合同、应如何理解"保险人同意承保"、保险费缴纳与保险合同成立的关系、预收保费对人寿保险合同成立的影响等。本文拟针对上述四个问题分别评述,以期对保险法的进一步完善提供参考意见。

The new insurance law has made some amendments and improvement on the rules about establishment of insurance contracts. However, there are still some problems remaining controversial, such as whether insurance contracts are formal or informal contracts, what is the definition of the agreement of insurers, what is the relationship between the premium payment and the establishment of contracts, and what is the impact of the deposit premium on the estabilishment of contracts. This article is about to have a discussion on these four problems, and make some suggestion for the further improvement of insurance law.