对海上货物运输中保险人防灾防损工作性质的探讨

On Essence of Loss and Disaster Prevention of the Insurer

2014年国务院颁布文件要求各地方政府充分发挥保险风险管理功能,完善社会治理体系。防灾防损制度能够帮助保险人和被保险人共同预防风险,尽最大可能避免不应有的损失,实现保险的社会保障功能。虽然学术界已开始关注防灾防损制度的建设,但是目前该制度的研究程度仍有极大的进步空间。保险人的防灾防损工作是一项法定义务。定性保险人以及被保险人防灾防损工作的性质不仅要考虑法律的规定,更要考虑保险业务运作原理。笔者通过考察保险业务运作原理发现,无论是实务界还是学术界均无法否定保险人实施防灾防损工作的重要性。

The state council enacted documents in 2004 requesting every local government to play a full function in insurance risk management in order to complete social governing system. The system of loss and disaster prevention can help both the insurer and the insured prevent from the risk jointly and avoid undue losses as much as possible so as to achieve the function of insurance social security.Although the academic circles start to pay attention to the construction of loss and disaster prevention system, there is still great progress space as regards the research degree at present. The job of loss and disaster prevention by the insurer is a legal obligation. In order to determine the nature of loss and disaster prevention by the insurer and the insured, the rule of law should not only be considered,but also the insurance business operation principle. The paper finds that both practical and academic circles are unable to deny the importance of the insurer implementing loss and disaster prevention by investigating the insurance business operation principle.