中德保险法中的消费者保护比较研究

The protection for consumers in the German and Chinese insurance laws

《德国保险合同法》和我国《保险法》的最新修改都集中体现了对消费者的保护。《德国保险合同法》订立原则放弃了保险单模式,采取申请模式或邀请模式;全面改进了保险人和中间人的指导义务和信息义务,增强了保险透明度;统一规定了书面的义务履行方式和保险人与中间人的文献资料义务,有助于减少证明困难;确立了投保人的撤回权,在归责原则上放弃了全有全无原则,采取比例规则,极大地提高了对消费者的保护。我国新《保险法》虽然改善了对消费者的保护,但不尽如人意之处仍然很多。《德国保险合同法》的具体制度规定给我们提供了很好的借鉴。

The key focus of the recent reform of the German Insurance Contract Law and the Chinese Insurance Law is to protect the consumers＇ right. In the new German Insurance Contract Law, the insurance policy model for initiation of contract is replaced by the application model or the invitation model, which, therefore, has completely transformed the obligations of the insurers and the agents in offering guidance and sharing information, so that the transparence of the contract is increased. The performance of the obligations must adopt the written form, and docu- mentary obligations of the insurers and the agents are stipulated, which reduces the difficulty for gathering evi- dences. The insured is accorded with the withdrawal right, and the all-or-nothing liability principles is banished and replaced by the quota principle, thus significantly enhances protection for the insured. Although our newly-amended insurance law has improved on the protection of the insured, it still needs to be further upgraded. The German Insurance Contract Law can act as a good example for us.