我国巨灾保险法律制度研究现状及展望

The Previous Researches and Expectation of Catastrophe Insurance Legal System in China

近年来,我国重大自然灾害频发,造成了巨大的人员伤亡和财产损失。在财政救助、民间捐赠有限,传统保险法的运作机制也无法有效应对的背景下,探索和制定适合我国国情的巨灾保险法律制度,为现实所必要且必需。当前我国巨灾保险法律体系的基础建设已经起步,但还十分薄弱;学界对巨灾保险法律制度的研究还处于朦胧的认识阶段,成果较少,重视不够。对已有成果的研究内容、思路、方法进行了初步整理,提出了我国巨灾保险法律制度研究的方向和重点。

In the recent years, China has frequently suffered from the significant natural disasters, which caused numerous hurt or death as well as a big loss of property. At present, the fiscal - bailouts and the nongovernmental donations are not enough and the past insurance legal system does not effectively cope with the disasters. It is realistically necessary and required to legislate the catastrophe legal system fit to the Chinese actual conditions. The establishment of the system has begun but is weak and the research on it is in the vague starting stage and there are little achievements. So it does not get enough attention. After the past research contents, logical thought and methods have been laid out, the direction and emphases of the researches on the catastro- phe insurance legal system has been put forward.