我国保险合同法之立法评析——以保险利益、告知制度、保险标的转让制度为例

Comment of Chinese Insurance Contract Law

我国保险法于2009年2月28日进行了第二次修改,对保险合同法和保险业法均作出了大范围修订。其中,保险合同法部分结合我国现实需要、实践争议和学术共识对人身保险及财产保险中的诸多制度规则加以重新选择与设计。文章选取保险合同法中重点修订的保险利益规则、如实告知制度及保险标的转让制度,清晰梳理其立法变化及其背后理据,并加以评析,指出其仍需完善之处。

Insurance contract law and insurance industry law were revised extensively in the second amend- ment of China＇s insurance law on February 28th, 2009. Particularly, according to the need ~n reality, dispute in practice and consensus in academics, many law systems about personal insurance and property insurance were redesigned. For the insurable interest rules, disclosure regulations and the assignment regulations of insurance subject, which key amended in insurance contract law, the legislative changes and its reason arc stat- ed clearly and analyzed deeply. Furthermore, which need to be improved is suggested.