反思与重构:重复保险制度再思考

Reflection and Reconstruction:Rethinking about the Double Insurance System

我国重复保险制度存在若干争议问题,这些争议问题一直困扰我国理论界与实务界。本文结合我国的相关法律条文,通过比较其他国家或地区的相关规定,尤其是借鉴我国台湾地区的学说和实务,认为重复保险的概念应采狭义论,范围包括所有损失补偿保险,"超额保险"的判断时点应在发生保险事故时,保险责任应采连带责任。

There are quite a few controversial issues in the double insurance system in our country which have caused some troubles in theoretical and practical circles. This paper, combined with China＇s relevant legal provisions, comparing the related provisions of other countries or regions, especially refer- ring to the theory and practice of Taiwan Region in our country, believes that the concept of double insur- ance should adopt the theory of its narrow sense, which includes all loss compensation insurance. The judgment of the ＂Excess insurance＂ should depend on the time when insurance accident happens and joint liabilities should be considered.