对新《保险法》理赔程序与时限法律规制的研究

Study on Legal Regulations on Time Limit of Claims in New Insurance Law

新《保险法》关于理赔程序和时限的法律规制,体现了公平理赔、尽速理赔的价值目标,对解决理赔难问题发挥了重要作用,但仍存在与保险理赔实践不够契合、法律责任设置不完善等问题。本文从分析新《保险法》理赔程序与时限的相关规定入手,将其与保险理赔实践进行对比,并研究违反程序与时限的法律后果,最后对如何进一步完善相关规定、增强法律的执行效果提出了建议。

Legal regulation on the claim procedures and time limits of insurance claims in new Insurance Law reflects the values of claiming fairly and rapidly. It plays an important role in solving the problems of claiming in practice. But there are also some defects in the regulation, including being not able to perfectly fit the practice and not setting the effective legal sanctions. So the effect of law enforcement is weakened. This article begins with the regulation about claim procedures and time limits of insurance claims, then compares them with the practices and analyses the difference. It also studies the legal sanctions for illegal acts and provides some suggestions on further improving the regulations and strengthening law enforcement.