试论保险条款的生成——以行政监管和司法审查为中心

On the Formation of Insurance Clause——focused on administration supervision and judicial review

保险合同的签订过程,实质上就是当事人依据具体情况将保险条款与保险单证进行不同程度的结合,以形成约束保险交易参与人的法律文件的活动。保险实务中生成的保险条款既是保险人籍由推介保险产品的工具,也是保险合同的主要内容。新修订的保险法规范为合理平衡保护保险人和相对人的合法权益,对保险条款的生成设置了行政监管和司法审查两套程序,两者相互补充、有效结合,协力共同具体评判保险条款的效力。

The process of the underwriting insurance contract is virtually the activity in which the insurance parties combine the insurance clause with the insurance certificate to make the legal document restricting all the insurance contract correlative parties. The insurance c]anse created from the insurance activities is the tool for the insurers to sell their insurance product as well as the primary content of the insurance contract. The newly emendatory insurance law establishes administration supervision process as well as judicial review procedure to balance the insurers＇ interest and the opposing party＇ s interest with reason. Both of the procedures reinforce with each other to concretely judge the legal efficacity of the insurance clause.