隐性的无效保单:《保险法》十六条缺陷探究

Recessive and Invalid Policy:A Research on the Defects of the Article 16 of the Insurance Law

天然的保险信息不对称和对于交易内容本身认知的差异,使保险合同主体之间的利益冲突日趋激烈,利益失衡更多的集中于投保方告知义务的履行。在保险人与投保人的利益博弈中,如何缓和信息不对称保险合同主体之间的矛盾,法律的制定及准确的司法解释至关重要。然而,《保险法》十六条内在的缺陷,使得保险交易中存在大量的隐性无效合同。正视《保险法》十六条存在的问题,及时完善现行法律,对保证保险市场的健康有序发展有着极其重要的现实意义。

Due to natural insurance information asymmetry and the cognitive difference of transacting contents itself, it becomes increasingly fierce for the interest conflicts between insurance contract subjects. Unbalance of benefit focuses more on the insured to perform the duty of disclosure. In the game of the interests between the insurer and the applicant, how to ease the contradiction of information asymmetry of the insurance contract subjects is very important to make law and to have judicial interpretation accurately. However, because of the internal defects of Article 16 of Insurance Law,there are a lot of recessive and invalid contracts in the insurance transaction. It is of very important and practical significance to face up the existing problems in the Article 16 of the Insurance Law and to perfect the current law,which ensures the healthy and orderly development of the insurance market.