2006Journal of North University of ChinaRequires access

On the Insurance Contract Interpretation

JI Yan-dong

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Abstract

Although it is an important tool in the resolution of insurance contract disputes,the insurance contract interpretation has not reached perfection in its regulation in the practice of the interpretation of Chinese Insurance Law.There are such cases where the courthouse and the arbitration institution can not make an accurate judgment as to the rights and obligations of the contractors.The paper,on the basis of this fact,aims at an initial analysis of the necessity and some suggestions to perfect China's insurance contract interpretation system through an elaboration of the interpretation insufficiency and some problems existing in its practice by a comparison of the interpretation principles and methods between the world's two major Legal systems,Britain and American,with the help of a variety of scholarly viewpoints.

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What this paper is about

Although it is an important tool in the resolution of insurance contract disputes,the insurance contract interpretation has not reached perfection in its regulation in the practice of the interpretation of Chinese Insurance Law.There are such cases where the courthouse and the arbitration institution can not make an accurate judgment as to the rights and obligations of the contractors.The paper,on the basis of this fact,aims at an initial analysis of the necessity and some suggestions to perfect China's insurance contract interpretation system through an elaboration of the interpretation insufficiency and some problems existing in its practice by a comparison of the interpretation principles and methods between the world's two major Legal systems,Britain and American,with the help of a variety of scholarly viewpoints.

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Available abstract

Although it is an important tool in the resolution of insurance contract disputes,the insurance contract interpretation has not reached perfection in its regulation in the practice of the interpretation of Chinese Insurance Law.There are such cases where the courthouse and the arbitration institution can not make an accurate judgment as to the rights and obligations of the contractors.The paper,on the basis of this fact,aims at an initial analysis of the necessity and some suggestions to perfect China's insurance contract interpretation system through an elaboration of the interpretation insufficiency and some problems existing in its practice by a comparison of the interpretation principles and methods between the world's two major Legal systems,Britain and American,with the help of a variety of scholarly viewpoints.

Key concepts: Interpretation (philosophy), Variety (cybernetics), Viewpoints, Arbitration, China, Institution, Perfection, Insurance policy

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