新《保险法》存在的缺陷及其改进

Defects in New Insurance Law of the People's Republic of China and the Improvement

新《保险法》有利于保护投保方合法权益和规范保险公司的经营,但仍存在缺陷:核保期的责任归属仍难以解决;免责条款的规定过于笼统;疏忽了对恶意重复保险的规定;保险公估人的法律地位仍未得到确立。为保证新《保险法》顺利实施,建议:明确保险合同成立与生效的标准;取消免责条款的口头说明形式;明确保险人过错导致退保的处理;区分善意重复保险和恶意重复保险;赋予保险公估人以法律地位。

The new Insurance Law better protects the clients＇ legal rights and enhances insurers＇ management. However, it has some defects such as vague regulations about insurers＇ liability during underwriting period and the loose regulation about telling exclusions, and the unilateral condition of surrender. Moreover, it doesn＇t differentiate between well-meaning overlapping insurance and deliberate overlapping insurance. In addition, it ignores the legal status of insurance assessors. It is suggested that the law set up criterion for establishing and executing insurance contract, offset the oral form of telling exclusions, regulate the disposal of surrender as a result of insurers＇ fault and endow insurance assessors with legal status.