再论保险合同客体——兼评《保险法》第12条第1-2款

Rethinking of the Object of Insurance Contract——Comments on Sections 1 and 2 of Article 12 of Insurance Law

保险合同客体之争由来已久,并因此形成多家之言。以保险标的作为保险合同客体,有其深厚的法学理论渊源作支撑和现实的保险法立法为依据,同时也符合我国保险业的实践活动,因而更有利于保险当事人之间便捷地建立保险法律关系,实现拓展我国保险业务范围和推动我国保险业健康快速地发展与繁荣的目的。而主张保险合同客体是保险利益或是提供保险保障的行为,不但其理由不能成立,且也无前述的依据和社会功能,因此,应以保险标的作为保险合同客体为宜。

Debate about the object of insurance contract has a long history, and it has formed a number of opin- ions. The insurance object, as the object of insurance contract, is based on the deep legal theory origin and insurance legislation practice,which is also in line with the practice of China＇ s insurance industry. Therefore, it is more advantageous to establish insurance legal relationship between the parties, to achieve the purpose of expanding the scope of China＇ s insurance business and promoting the healthy and rapid development of China＇ s insurance industry. It is argued that the object of insurance contract is the behavior of providing insurance cover or the insurance interest. The reason can not be established, and it is without the foregoing basis and social function. Therefore the sub- ject of insurance as the object of the insurance contract is appropriate.