保险法视野下被保险人权利问题研究
发布时间：2018-10-16 13:47
【摘要】： 我国《保险法》把被保险人作为保险合同的关系人,而我国《海商法》把被保险人作为海上保险合同的当事人。这种立法上的冲突不仅会造成法律适用上的不一致,而且不利于对被保险人权利的保护。同时,由于保险合同的附和性,使得被保险人丧失了与保险人平等协商保险合同内容的机会,这对于以其财产或者身体、生命为保险标的的被保险人非常不利。本文从被保险人的角度出发,运用比较分析等方法对被保险人的权利进行研究。 本文分为前言、正文和结束语三个部分。其中正文部分分为三章。 第一章是被保险人权利问题概述。在该章中,作者主要论述被保险人在保险合同中的法律地位以及保险合同的附和性对被保险人权利的影响,同时对我国《保险法》、日本保险法和我国台湾地区保险法中关于被保险人权利的规定进行比较研究。 第二章是被保险人权利保护的理论和制度。在本章中对保护被保险人的理论进行说明,并对中外的一些关于被保险人权利保护的制度进行总结。尤其是保险经纪人制度和法院对保险合同内容的审查制度,对被保险人权利的保护非常重要,本章对此也进行了论述。 第三章是对我国《保险法》中被保险人权利的完善。本章先探讨我国《保险法》中对被保险人权利规定及保护的不足和缺陷,然后就我国《保险法》的修改提出了作者自己的意见。
[Abstract]:The Insurance Law of China regards the insured as the relative of the insurance contract, while China's Maritime Law regards the insured as the party to the marine insurance contract. This kind of legislative conflict will not only cause inconsistency in the application of the law, but also be unfavorable to the protection of the rights of the insured. At the same time, because of the concurrence of the insurance contract, the insured loses the opportunity to negotiate the contents of the insurance contract on an equal footing with the insurer, which is very disadvantageous to the insured whose property or body, life is the subject of insurance. From the point of view of the insured, this paper studies the rights of the insured by means of comparative analysis. This paper is divided into three parts: preface, text and conclusion. The text is divided into three chapters. The first chapter is an overview of the rights of the insured. In this chapter, the author mainly discusses the legal status of the insured in the insurance contract and the impact of the concurrence of the insurance contract on the rights of the insured. At the same time, a comparative study is made on the provisions of the Insurance Law of China, the Insurance Law of Japan and the Insurance Law of Taiwan on the rights of the insured. The second chapter is the theory and system of insurant right protection. In this chapter, the theory of the protection of the insured is explained, and some Chinese and foreign systems on the protection of the rights of the insured are summarized. In particular, the insurance broker system and the court review system of insurance contract content, the protection of the rights of the insured is very important, this chapter also discusses this. The third chapter is the perfection of insurant right in Insurance Law of our country. This chapter first discusses the deficiency and defect of the insurant's right regulation and protection in the Insurance Law of our country, and then puts forward the author's own opinion on the revision of our country's Insurance Law.
【学位授予单位】：厦门大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.284
本文编号：2274553
[Abstract]:The Insurance Law of China regards the insured as the relative of the insurance contract, while China's Maritime Law regards the insured as the party to the marine insurance contract. This kind of legislative conflict will not only cause inconsistency in the application of the law, but also be unfavorable to the protection of the rights of the insured. At the same time, because of the concurrence of the insurance contract, the insured loses the opportunity to negotiate the contents of the insurance contract on an equal footing with the insurer, which is very disadvantageous to the insured whose property or body, life is the subject of insurance. From the point of view of the insured, this paper studies the rights of the insured by means of comparative analysis. This paper is divided into three parts: preface, text and conclusion. The text is divided into three chapters. The first chapter is an overview of the rights of the insured. In this chapter, the author mainly discusses the legal status of the insured in the insurance contract and the impact of the concurrence of the insurance contract on the rights of the insured. At the same time, a comparative study is made on the provisions of the Insurance Law of China, the Insurance Law of Japan and the Insurance Law of Taiwan on the rights of the insured. The second chapter is the theory and system of insurant right protection. In this chapter, the theory of the protection of the insured is explained, and some Chinese and foreign systems on the protection of the rights of the insured are summarized. In particular, the insurance broker system and the court review system of insurance contract content, the protection of the rights of the insured is very important, this chapter also discusses this. The third chapter is the perfection of insurant right in Insurance Law of our country. This chapter first discusses the deficiency and defect of the insurant's right regulation and protection in the Insurance Law of our country, and then puts forward the author's own opinion on the revision of our country's Insurance Law.
【学位授予单位】：厦门大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.284
【引证文献】
相关博士学位论文 前1条
1 陈宁;包含弹性免赔额的非寿险精算问题研究[D];中国矿业大学（北京）;2010年
相关硕士学位论文 前1条
1 葛蕾;被保险人权利保护的法律问题研究[D];山西财经大学;2011年
，本文编号：2274553
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