保险利益立法修正——以保险法第12、31条为中心

Legislative Revision of Insurance Interest——Focusing on the 12th and the 31st Items of Insurance Law

保险利益规则在保险立法体系中有着重要地位,2009年我国《保险法》对此有较大修订,体现在保险法第12、31条,修订虽体现进步但不足之处依然显见,例如保险利益定义依旧保守、人身保险利益规则显著不当等;本文从论述保险利益性质入手、通过剖析我国保险利益现行立法的缺陷与不足来寻求保险利益立法修正的途径。

Insurance benefit rules play an important role in insurance legislation system. In 2009 China revised the ＂insurance law＂ to a large extent which particularly was manifested in the 12th and the 31st Items. However, there are still many problems, mainly reflected in conservative legislative definition and inappropriate personal insurance benefit rules. This paper discusses the concept of insurance profit, analyzing the present legislation in insurance interest and pointing out the inadequate legislation approach. It is hoped to find a proper approach to the legislative revision of insurance interests.