论保险责任的开始-民商法学专业论文.docxVIP

II II Abstract The commencement of the insurance liability is that the policy holder’s and the insurant’s risk begins to transfer to the insurer, and the insurer begins to indraw the insured risk into its insurance coverage.The time of the insurance’s commencement has an important significance.It is the symbol that the insurer begins to undertake the insurance liability that contracts with the policy holder or is fixed by laws and regulations,and it is different from the term of insurance,the established and efficient contract and other related legal concept.The practice of insurance in our country , there are many different certificate criterions of the time of the commencement of the insurance liability in the formal insurance contract,such as the exact finishing date or time,the certain event and so on.But one hand the policy holder and the insurant don’t pay attention to the time,and on the other hand the insurance clauses are too professional or ambiguous,these result the policy hold into disadvantages obviously.In order to ensure the rights and interests of the policy holder and insurant,and to restrict the insurer’s the right of indemnity refused abusly,our country should regulate the time of the insurance liability’s commencement.Our insurance law and other related laws and regulations didn’t have specific regulations about this aspect. America, Korea, Japan and other developed country have established the related insurance system and legal rules to confirm the time of the insurance liability’s commencement, such as American facultative insurance system,Korean commercial law,German Insurance contract law,Japanese insurance liability trace theory and so on.Our country should reference these countries’ regulation theories about the commencement of the insurance liability,and establish the thorough provisional insurance and retrospective insurance systems.By this way,we could regulate the insurer’s time of the insurance liability’s commencement and make sure to