On the Absence of Effect Form in Insurance Contract in China

The insurance contract,a type of debt-credit contract,is regulated by Chinese Contract Law,but it,in many countries,is seperated for ruling from the scope of contract law owing to its special characteristics.In contrast with Chinese Contract Law,there only exist two kinds of effect form,that is effective contract and voidance contract in insurance contract according to the rules of Chinese Insurance Law.Take Article 56 as an example,many voidable contracts can be effective if both parties agree are pushed to the scope of voidance contract,which obeies the rule of autonomy of the will and has some harmful effect on the efficiency of striking agreements.Based on above analysis,it is necessary to consummate the rules about the effect form of insurance contract and give different treatment to the voidance insurace contract to return the voidable contracts that can be effective if both parties agree to the frame of Chinese Contract Law.