Application of Vincent: basic concepts of insurance law

-Beihang University Law School "series China law forum six"

Theme: the basic concept of insurance law
Speaker: justice Svenson
Host: Beihang University School of law
Moderator: Dragon Weiqiu professor (Dean of Beihang University law school)
Time: April 13, 2009 morning 10 points to 12 points
Location: Beihang University as the heart Building Room 101

["Chinese law forum": "Chinese law forum" is Beihang University Law School in the year 10, the 5 anniversary, carefully planned and organized a law forum."China law forum" will invite legal experts, based on topic in law or current issues: instant speech or comments, forming a huge public power, modern law of great ingenuity, to create the education and research of Beihang University Law high level position, the top platform built the Chinese law thought and scholarship, promote a group formed a basic value or prospective legal issues and development.]

Professor Long Weiqiu (Moderator Dean, Beihang University law school):

   Dear teacher, dear students, good morning! I am pleased to be famous jurists Mr. Svenson invited to do the report. It is our great honor to Mr. Shi to Beihang university. Mr. Shi came to Taiwan area of our country current justices, adjunct professor at the Taiwan University of politics. He is one of China's Taiwan region "judicial" sixth session of the Grand Justices, former director of the Taiwan Political University and former head of the Department of law, insurance system. Mr. Shi is an important commercial law experts, especially in the field of insurance law there are specializing in surgery, achievement is outstanding, known as China's Taiwan "insurance law" of the founder, his representative works include "insurance law", the "insurance law", "insurance law", "the judgment of the compulsory automobile liability insurance" etc.. He has a lot of important works in the negotiable instruments law and other areas. Mr. Shi is the judge, in addition to university, is also a legal educator. In twentieth Century 60, he served as the director of the Department of Taiwan Politics University, attracting many important scholar in the faculty there, including full-time teachers, Qiu Hongda, Liu Tiezheng, Lin Juzhi, Shi Qiyang, and then put Dongxiong part-time teachers, Weng Yuesheng generation of celebrities. Visible, Mr. Shi vision in legal education is very unique, deep Ming seize the talent is to grasp the premise. Today, he came to our Chinese law forum lecture sixth lecture, speech topic is "the basic concept of insurance contract law", this is Mr. Shi, areas of expertise, will let us feast. Below please Mr. Shi speech.

Application of Mr. Vinson (Taiwan area "judicial" of China's justice, speaker):

   Long Dean, dear teachers, dear students, good morning! To be invited to your school to do the report is my pleasure. I am a veteran in this field, we are easy to hear, I took my hometown Hangzhou accent. By the age of 14, I was not in school, 18 year old began to go to school. All of you must be happier than me much, I believe in your environment so superior, your future is unlimited. At the beginning of the report before, I want to present the teacher students send an invitation, welcome you to Taiwan to travel, to conduct academic exchanges, I must ask you to eat the students eat lunch, please drink the high mountains production tieguanyin. If you are in the Taiwan area "judicial" curious, you must come to the big political trip, I can take you to visit, to give you. In the Taiwan area, "the Judicial Yuan" has the function of constitutional review. If the violation of the rights of a party that, judge the applicable law violates the "constitution", he will be able to "judicial" please judges a explained to him. In addition, the Taiwan area "judicial" justice and a job is, "the regulations" have different views in the application, the justices to unify these different views. So, in the area of Taiwan, "constitutional" can be completely realized in our lives.

   In addition, I wrote a book called "the compulsory automobile liability insurance in the last week.". I think, to ensure that each of us in order to driving a car is a big problem. I have a sense of mission, I hope I care about things can cause the discussion, I am not to promote the sales of this book, I hope, this book will provide the future into the car power in the future China problems some suggestions.

   We as a nation of citizens, how can make oneself become humble, make oneself stand in the other person's point of view to consider the issue? We read to read law, air law, then draw back asks next, I urge you to read the law of insurance, because the insurance law without borders is a law. So, I do a project entitled "the basic idea of" insurance contract law in two big legal system under the report today, to help our students understand insurance law. Our government insurance in Taiwan area is probably the earliest of cross-strait exchanges, so in the "insurance law", published in 1995 in version of how much you can see some of our professors with Taiwan area. Of course, I was with a humble heart to learn today, in the dense population and natural resources are not very rich countries, future development will rely on two industries will be the insurance industry and the tourism industry. So, as in the insurance of people to do is, to provide good regulations for the insurance industry.

   You may have to drive, you may find that, today you drive more carefully than before, this is not because you fear motionless were brought to the police or prison, but because of the insurance law of compulsory automobile insurance. In foreign countries, are published which are "poor per yearDriver ", for these people, the insurance company to additional premium, and in some countries, the licence to transform these people a color. Insurance is a private public welfare effect effect, private effect "of peaceForMan "," financialTwo aspects of security ".

   I want to use the next 100 minutes to talk to you about how to master the basic concepts of insurance law today, I believe that with your wisdom can infer other things from one fact.

   First, we're talking about the three concepts of insurance, insurance, insurance contract. From the definition of our code, is not easy to find insurance, insurance, insurance contract the three what is the difference. I say here "insurance" is an abstract concept, is to design a system, the system must have the following elements: the dangerous community, risk (risk), and decentralized, let uncertainty for certainty risk transfer. Strictly speaking, the "risk" is "uncertainty" (uncertainty). 

   A person is no risk, only the dangerous community under the same conditions only about dispersion of risk exposure. Our ancestor is very shrewd businessman, they really early on in the business know the risk of dispersion, they often rely on a small circle (like Xiang) to risk dispersion. However, by 2025, we will not have the "natives", we can no longer rely on the original coterie of dangerous wind scattered, we can rely on is the insurance, even in the socialist countries, we can not all rely on the state. A person may at least. Four or five, five or six types of insurance, such as a principal may be an investment vehicle insurance, medical insurance, life insurance, unemployment insurance and so on.
   The insurance act we have broad and narrow sense. Insurance is generalized, refers to all insurance related behavior, including insurance operation etc.. The insurance act in a narrow sense, refers to the insurance contract. Insurance contract must comply with the "no risk, no insurance; no loss, no compensation" principle.

   Insurance law of second is the concept of insurance community. How to understand the insurance community? To your students as an example. For example, students may be an accidental death in four years of university life (in the Taiwan area, the causes of accidental death is often a mountain), but students in this dangerous community is very simple, so, for students to provide accidental death insurance cost is very low. In the Taiwan area, the student accident death insurance premium is very low, each student as long as the registration time to pay a little money, the students during the accident have certain personal insurance payment.

   Third insurance law concept is the concept of price equilibrium. That is to say, the insurance contract is a contract with, and the compensation contract of insurance premium is calculated. Take the life insurance, we must first figure out how much is the average life of the citizens of the country, the average life expectancy of men and women are not the same, the average woman than men live more than 5 years. Therefore, if a man married to a smaller than his wife, he must be for her to buy a copy of personal insurance to ensure her later life. I speak here today academic things might not be that important, but these things you must do, as a man, to think of each other, buy a insurance for her pension is absolutely necessary. Of course, life insurance is in a stable price of society, if we prices kept rising, life insurance is not well exist. This is the way, I want to remind everybody is, life insurance must have the life table, so that we can work out the price is how much insurance.

   Don't know the students have found, there are insurance companies to someone else give insurance policy. This is ridiculous, because of his gift of behavior will affect the other to pay the premium for the benefit of people. A few days ago, when I may teach the CIRC said, you see people giving you must prohibit the punishment. Because the insurance is not something for free, it must pay the price.

   The contract of insurance must also take insurance interests. However, the requirement of insurable interest, in when the insurance system is not just the. The concept of insurable interest is come from where? This is when the insurance development to personal insurance before the emergence of the. At that time, some people in the life of the king, until the king was dead, they celebrate happily, because they can get a sum of money. This is an unethical behavior, to ban. Later, some people think of between the people and the king had no insurance interest? The conclusion is, people is to be loyal to the king, so there is no insurance interest on the relationship, and the king so, people would not be able to King of insurance.

    Modern insurance is started from the middle ages Italy life insurance, and then to the end of the eighteenth Century Lloyd 'sCoffeeShop, Lloyd 'sCoffeeHouse, so the early insurance to signature of the insurer, the reason is that in the coffeeShop writes what goods are to be shipped to where the voyage, etc. after the completion of the insured person to pay insurance premiums, then there has been progress, the insurance premium to the voyage before it starts to pay.

   Insurance development started in the mid eighteenth Century, the exact time is 1745, strictly prohibited PPI, namely policy (insurance), proof (certificate), interest (interest). For a time, we ask who is the owner who is the owner of Lloyd s, 'the contract was used as a gambling. So, the first in the domestic PPI is banned, and in 1845 the development of the banned PPI are applicable to all ships from England and goods. That is to say, if a man on the cargo has no insurance benefits he is not insured. In 1774, life insurance regulations, it provides life insurance is not a person to operate, and must be made by the company to manage. In 1906, following the "Napoleon code" after the world's most complete insurance law came out, is MINA, "appeared in 1908, the German insurance contract law". However, "the German insurance contract law" has been revised last year, both sides of the Straits have been affected by the insurance law and German law, but legislation with the German is not the same, wait a moment I'll mention.

   I say this example, as a Chinese, we must read the history, we can absorb the wisdom of our ancestors, because man's worst kept repeating the mistakes. By examining the development of insurance, we draw a conclusion: the human is the first marine insurance, land property; first, human body. So, you know, the world of legislation, property insurance before the insurance, because of the nature of personal insurance is investment, rather than the "compensation", personal insurance modified the "compensation" principle. I'm coming, "insurance law" feel very strange, because in front of the personal insurance in property insurance. I'm in the insurance will lecture, I consulted with them, get the answer is that the mainland life insurance to do quite well, so, the insurance legislation in the front.

   Here we talked about "insurance", in fact, "insurance" in the Chinese is illogical. How can Chinese put insurance or assurance translated as "insurance"? This word is not Chinese own translation, a Japanese scholar, but at the end of the Qing Dynasty we please do to insurance translation, this "insurance" became "insurance is insurance, not guaranteed no risk". In English, insurance is not so mean, insurance is to determine the uncertainty into, so in the English is sure, insure, and then into a noun. So, "insurance, assurance" in Chinese really corresponding words should be "security" (but now our "security" refers to another meaning). A similar situation is "no fault liability" is actually a mistranslation, because there can be no liability without fault, but should be "strict liability". Therefore, Chinese text is very difficult.

   We have this understanding of insurance law, distinguish the following me quickly about the insurance law of the two law systems. The insurance contract in Anglo American born is being positioned as a "Unilateral" of the word, you will not unfamiliar, this word so far in the continental law have no way of translation, we have to translate it into "a unilateral contract", the insurance company is not happy, because the unilateral contract means that the insurance companies charge a premium without consideration payment, this is ridiculous. We want to know, the common law had an offer and promise is regular, who is expected to offer promise (promise, act), if promiseForAnIt is the "Unilateral act". For example, if a professor said to his students "you to me to sort out these notes, I pay you 10 dollars one page" concept, in our general as long as the student promised contract is established. However, in the Anglo American law, the contract did not work, but to wait for the students to put all his manuscripts finished can request for payment of remuneration. Insurance in Anglo American law, a act a promise to exchange the insured by insurance companies, this act is effective only after paying the premium. We are now on both sides of the Taiwan Straits in how to do? The insurance companies charge a premium, once the occurrence of insured accidents, the insurance company pays insurance gold. As for the retrospective insurance, it is only in marine insurance, personal insurance is not back. Therefore, the "people's Republic of China Insurance Law" revision has been completely out of the Anglo American practice, because in the continental law system, the insurance contract is a consensual contract, rather than American is a "Unilateral". The more important thing is the same meaning is effective. So, I told the insurance companies do not shun period plan, if such doing is the result of you they took a year premium, you can guarantee the people in less than a year. If it is insured by April April, you at least tell me the policy brought along, until April 1st, before the April 20th twenty day I alive, then you Is it right? Took my premium, insurance me ten days to eleven months? That said, the people's Insurance Company of the people will not be happy, they used to say: "you see I help you shun period plan, but also how to you!" you shun period, I suffer. In America is not required to take the insurance fee, insurance premium, took effect, life insurance must have such a process, so the students look at the foreign book, you must be aware of the historical background of it is how to come, this is the first difference between the two law systems. Insurance law.

   Differences between the second two big legal system of insurance law is Formal. This is how come? This is also the Japanese get, insurance law of our many nouns are harmful to the Japanese hand inside, because at that time the Japanese commercial law was first introduced in the west, so we use their hands. Students early to go to Japan, the Japanese phonetic writing is very ready to accept either course text, here is to learn Japanese sorry, your mind also, because its text has a lot of phonetic characters, unlike our high cultural level of the Chinese characters, style, image, sound, everything. We Chinese rarely use pinyin words, even with the phonetic characters, is also designed to be very good. Do you have a word design very well, a word "is the modern people invented pump", the word stone below a water, this is simply too good. This is a new Chinese, this character is not know what smart people think, if this in the western society is in the back of his name with a pen, note that this is a XX people think. You have to water down on the stone, above, the force of the water took the stone up, this is the "pump". For instance, you remember when China call to Shanghai, we call delaika. Chinese couldn't accept the foreign games, we have renamed the "phone", this word is more beautiful, more vivid. Like these, you have to seriously ponder, a clever ancestors, let posterity descendants benefit in many places. Not in the text better, this point Chinese can be done. There are a lot of people say, Chinese is very literary text, China writer why in the world can't get Nobel prize for literature, this is because the world does not have a foreign language can express our Chinese literary grace, this is the real key. Don't say we China writers cannot get Nobel prize, at least I know some foreign language, everyone is blind worship Shakespeare, you have a look of his long poem, I have read several decades of English, I have no way to experience the beauty of it. Our ancestors left to poetry, a few words just contained, which is a westerner understand understand. Must understand others us into the country, but we can't make Chinese culture, to bring their own things to forget, this is what we do Chinese most proud place. Students have free time calligraphy, don't let the written word is ridiculous, what all don't use the computer typing, this is all for your future will be good, why? We Chinese time live to 70 years old will not shake hands, calligraphy will let you before the age of eighty will not shake hands, but you must practice calligraphy, this is my experience. A person to 70 years old, will shake hands, not because of diabetes, is because the age is too big. However, people practicing calligraphy is not so serious, you can have a look foreigner hand will shake. The word Formal is Japan's harm, it think that insurance is to contract, we Taiwan area "insurance law" has a 43 item says insurance to make what? Insurance does not advocate not force, but I can tell you that Forma is completely the same word paradox solution. The word in Taiwan in principle it is the formation of a contract, have certain requirements, if the conditions do not have cannot enter into a contract. Then he discovered that if it is likely to affect the development of insurance. Then the insurance document has a place, what place? Seal (Seal), when you get the file has a seal, the seal is also coming from the West Chuan, you get the graduation card also has a seal, our Taiwan area graduation card also has a seal, we do not know the wise man seal cover it to our photos up, you Is it right? Also cover in the photo! This is a blot on the landscape. Easy to read the book four years, cultivate their temperament, when finally graduation, each student photos "bang" a seal cover in the photo, in fact this is completely mistaken. You know what this entails is what meaning, said dean or on behalf of the committee is sacred to the right for you, not to give you a degree. Do you want to see the West ah, he is very simple, what the president or principal, give you a graduate degree to you, together with the degree symbol of the sacred right to you, that this seal (Seal) of the sacred. Insurance early is a hint, file if this odd columns, don't it affected, so, cover seal. Later, people in the process of evolution into the seal, our ancestors in the file without the word, no seal, it was later came in. That is to say, the principle of insurance contract is one of Connaught, later in the human process make it formal, English books which are spoken, not Japan said policy is not made, the contract is not in force. Then have a look the newly revised "the people's Republic of China Insurance Law" regulation, it has to tell you, you can use the terms of format, can also develop their own, suggesting that there is a great progress, the legislature has a lot of talent, they looked at a lot of things to be western, modern. Is it right? Japan policy does not make contract not become effective? It simply laugh my head off.

   Third two legal insurance law idea, I want to say is aleatory. The mainland and Taiwan region are acceptable, it is mainly about a what? On the one hand the contract after the entry into force of a payment is unchanged, on the other hand, want to have a look this achievement is, the right to change. This is called the Aleatory(aleatory), or sometimes if you take, but the agreed conditions did not happen, you what also can't take back. Take your student accident insurance, read four year university what did not happen, you are safe, you didn't get what insurance. But, also some people get insurance gold, it is unlucky person, the risk transfer you made a good dispersion. The insurer received your premium, whether cash benefits, to see this condition made no, this accident happened not, this fire? If that is the life insurance, will see you agreed to age of death?
   Fourth two legal insurance law idea, I want to say the word Personal, which is to say to the people of, in fact is not a lot of teacher teaching insurance, all of the insurance contract is for people, is between people and people. Personal this English word emphasizes people's morality, dangerous and the risk of target level, to look at the matter in whose hands. In the traditional insurance, I put someone to take the bottle cover, the bottle in my administration, I am very careful man. If I am be negligent person insurance contract, conditions will change, which is why insurance with a high degree of humanity. This car is a open, must be a open, if that is your wife or son, we must note. If the America, insurance companies will be very simple to ask you, how old is your child? At the age of sixteen he could drive a car. Your child's success at school how? USA children good moral character, general learning result or, is called MoralStudent, this seems to have a superficial knowledge of understanding for "red scarf". The important problem of the insurance is, the insured's moral character, especially life insurance personal responsibility is very strong, because the insured and sometimes is not a person, the insured or take care of his. So, I've talked about in property insurance, the insured to gross negligence or intentional damage to or loss of the subject matter does not pay insurance gold, but in life insurance, even if the insured murders the insured, Is it right? Also does not assume insurance responsibility? The two sides of the Taiwan Straits insurance regulations are written like this, but this is not thinking. Because each person has a reasonable expectation for the so-called. We speak of personal insurance, in order to guarantee his child's life, one day, said the husband to his wife while I can still make money, buy insurance for their children, the future let children to university, this is he buying insurance intention. Later, if there are unpleasant things happen between husband and wife, in the very angry wife murdered, mothers of young children have no, the insured or the child's father also sentenced to death, so the insurance company of the child said, we can not pay insurance gold, because the insured the murder of the insured, laws and regulations can not pay insurance gold. Feel for others, we can do that? We just take a simple example, this kind of thing, the CIRC or insurance company personnel and we have to sit down and talk, do not First impressions are strongest, can not think of, property insurance is to do so, life insurance can certainly do this. It's not the case. Under what circumstances the insurance company can not lose? The insured person in order to obtain insurance benefits and murder. At this point, if the insurer to pay the insurance to the insured, may encourage bad atmosphere. Sometimes I say, don't write insurance contract terms, many foreign books he not see? Not, is First impressions are strongest reason, they said, we will also, on both sides of the insurance regulations are like this.

   Below I talk about the insurance guarantee (guarantee), not "guarantee" in insurance law, inside, I think this system in the process of the development of insurance system plays an important role. Because before the credit is not developed, sometimes wrong with no way to verify, so, when the insurance, the insurer shall ask you, let you take note of the continent, not "insurance law" the inquiry ", insurance law is the early countries take the initiative to declare, declare to you further. To provide security, however, then why evolution to the insurance in the" guarantee "not respected? Security has two kinds, one is assureOne is guarantee, the former is used to realize trust, the trust future implementation. However, because of the use of personal insurance guarantee aroused strong resentment. How is it used? America in late nineteenth Century to early twentieth Century, how it is abuse? He asked the people, "are your parents alive? If the dead, how much they died age?" For the insured's reply, he asked to provide security. We generally speaking, for the age of the parents do not pay attention, the birthday is to remember, we are born to see their parents older than I am, as for the old many, really do not know. If they ask me the same question, I can't answer it. At this time to come up with an age and said, my father is 70 years old, then the insurance company to check, in fact only sixty-nine and a half years old. Do you know if warranted, to fully comply with, can not be biased, so the insurance company may terminate the contract. There is a word again, I said lift, and the lifting of the insurance law, is not the same, you are terminated, lift me is given retroactive effect, termination does not have retroactive effect. The exercise of right of termination is not need a reason, to exercise the right of rescission shall need a lot of reason. This is the two language is not the same place, in this special mention. In twentieth Century 40Age, insurance guarantee system was cancelled, a description, a sure guarantee, it needs to explain. If the guarantee (guarantee) must explain clearly, otherwise, it is interpreted as sure guarantee, this is a big change, which is why, "insurance law" provisions of the guarantee No. However, secured in the judicial interpretation of the Supreme Court in the mainland, which means, the judge encountered a similar thing in practice. For guarantee, many students don't know what I'm talking about things, for example, when we as a building for a fire insurance, the insurance company will ask you this evening, building have security guards? Watchmen is English inside, there is naturally much more secure. When you are insured said, when the accident happened, the security personnel to quit. The insurance company should compensate? The insurance company says, I have security personnel is a guarantee, you say you have watchmen, you watchmen now where to go? The insured person would say, I tried to him, while also looking for a new security staff, security staff to work tomorrow. This insurance is very fun, when you insure it right, once you insurance is broken, the accident occurred. The world is wonderful in this place. In fact, the purpose of insurance is to do not have. Only one thing is inevitable, your pension, pension and so on, these are not the thing. A lot of things like fire, you say how annoying ah, your argument is useless, but the judge very powerful ah, he put the text of the contract of insurance company to sign the contract with you people have told him, this is a guarantee ah, you have to tell him this is a guarantee. The judge told him, the guarantee is not wrong, you are telling the guarantee right? Have you ever tell he is the guarantee? The insurance company says that I have no! An ordinary people how to distinguish which one is the guarantee, which is not a guarantee, you don't have that? Is he wrong, insurers can win. The judge is good? The judge let you feel very well, he is a good judge of the rational. Together we Taiwan area "judicial" sixth session of the 15 people over the age of one thousand, we say, thousands of years old hall to do the Millennium things, our older, we see things quite deep, another point is Taiwan area "judicial" justice is absolute without political preferences, this point is clear, as have some idea of the heart, that is another matter, because the heart thing is not to let people see. So, I would say ah, you have the opportunity to Taiwan area "court" website to have a look, a lot of things we do speak, we have a lot of explaining to the rule of law, China will have a profound effect on the future. So I say ah, "guarantee" this thing, no insurance law but in judicial practice there is.

   I'm one of the most critical things about here is what is called insurance interests. Insurable interest in practice is to first use of marine insurance. Benefit of insurance itself basically can be measured by money, this is the original idea. However, we understand that when using the insurance idea to life insurance, how do we determine the insurance interest. For example, a and B are married, how insurance interest is calculated on the wife and husband and wife to husband's insurance interests? Children have insurable interest to parents, this is what? If you want to quantify the economic on it, everyone will think of money to quantify the results will cause serious moral risk. Why in the western society people so reserved for life insurance, he thinks this is a bad thing. But we are talking about an insurable interest is money, to do life insurance? It is insured "agree" to replace, this is absurd, where it came from? German law. Germany and France say you agree, can, that agreed to have. After the fact to the middle of the twentieth Century, American appeared the doctrine of insurable interest, one is called the economic interests, one is called the interest. The economic interests of the most typical example is the American Supreme Court ruling, the ruling said the husband to his wife, have economic interests because her husband can ask the wife to do labor. So, the wife why economic benefit to the husband? Because she can ask the husband to support, this is the economic interests. As for the children, said before the age of eighteen, parents have the duty to bring up the children, over the age of eighteen is not. This explanation. The judge will be scold dead. Now there is a men married to women to provide services or family affairs for him, not easy to find such a woman. She is willing to do labor, that she is voluntary, but not the husband that, most probably it did not actually happen had asked his wife provides labor rights. I have been told, for the boys, Xueguai point, after marriage, to help do some housework, because girls are unwilling to do the dishes, she can give you do the dishes are very good, a cook and do the dishes that is better. There are things you have to do at home, you'd better sincerely said to be involved in this thing, boys don't grow old, because the old days with the collapse of the Qing Dynasty has never come. We must be aware of, now is not the old days, I often make fun of speaking, in ancient times I can do eight people carry the bridge, there are now four men to lift has been very good, time is changing. So, we should put the concept of insurance benefits to interested parties, rather than economic interests. In the traditional property insurance, one is the object of rights, one is the possession, the insurable interest is guaranteed, the problem is the last of the insurance company will not compensate, why? Because when you want to lose to say clearly, you have no economic benefits? Can't prove economic interests you here, so the court says, would rather let the insurance company does not fulfill the contract, also can't let him get the illegal economic interests, this is the principle of proportionality in another application. So, in this case, the property insurance which you say it has economic interests, but also makes sense, but very reluctantly, however, said there are interested can, where to? Because I am on this subject matter has the right of possession. Life insurance can say so? In life insurance, the insurance interest must be to have the law limits the identity relationship, the spouse is the first, the parents and children is a second bit, especially when we China this society, no matter what your age, parents and children will always be a most important relationship, but also extend to the our brothers and sisters in Taiwan area. Must have the relationship, however, only this is not enough, because life insurance is the subject of the life and health of a person, relates to the right of life and right of personality, so must also agree that, instead of "agree" to replace. So the life insurance interest is how to produce, in two ways: one is as a result of produce, and one is caused by the economic interests of the immediate interests of. For example, you asked me to do the company, as the general manager of your company, you have immediate economic interests, to me why? Because I'm the manager is very capable, alive can make money for you, so you can be my insurance, but also limited to key members in the company, the company will depend on him, so that it can. The problem is, I as general manager, I can not take this factory to insure, this is possible, because there is a temple in, have the monk, the reason is obvious, has factories in, I'm the general manager. So, correct this subcontinent "insurance law", with a "labor relationship," said the employers for labor insurance, because employers have insurable interest to labor, this is actually a misunderstanding, the employer is absolutely no personal stake for general labor, he can be replaced at any time of labor. For example, the president of the university students have no interest to you? The dragon, for you have insurance interest? Of course not. Because it doesn't matter of the identity, if in ancient times the day as a teacher, parent, this is. Now is not the same ah. No insurance interests of the insurance is very dangerous. The employer why want to cover their employees? It is the employer in order to improve the employee welfare, on behalf of the staff of all risk insurance, at this time, all the staff is really the insurant and the insured. Later, the China Insurance Regulatory Commission has found the employer provided insurance, moral hazard may occur, serious so, it added a tail at the back, at this time can only specify the employee himself or his family as the beneficiary. This is equivalent to the head is out, the tail scratched, originally is the only employees can insure themselves. If an employer can staff brought insurance, can also specify beneficiary, that still have to. We now are only child family, no parents doesn't love children, but now Taiwan area had the parents to children are murdered, and employers to employees? So, we say, the identification of the insurance interest must use the interest, economic interest is justified, a basic belief this is my many years of insurance law. Stakeholders said, where it came from, the economic interest relations of property, for life as a personal stake. 

    Take the legislative situation, the most important point is that the system of legislation is not the same, the legislative system is not the same on both sides of the Taiwan straits. As for the American legislation it is completely mixed legislation, because its main insurance contract law are on the countrylaw, the German legislation is how? You many read jurisprudence, public law, you all know that Germany is a public law and private law is very clear, strictly speaking, their private law which can not have law, then after the Second World War, the economic law of economic law, originally inside is self regulating private behavior, then out of state sovereignty in economic interference, this is the idea of economic law. What is the insurance law in Germany, contract law and insurance industry law it is separated from the. What I have to say the last word? The continental law system pay attention to legal, is separated from the public law and private law system. In this case, of the insurance contract law and insurance industry law which are strictly follow some principles. In the insurance contract law, some provisions prohibited, in violation of provisions is absolutely invalid. Also provides some mandatory, some is absolutely mandatory, some are relatively mandatory, is the principle that the rules, but you can absolutely mandatory provisions; that must be like this. Taiwan area of the "insurance law" and the "insurance law", some provisions, for all the controversial clause, be favorable to the insured's explanation, this is a mandatory provisions.

   Next, I use this opportunity, in three five minutes, "insurance law" the revision contents in brief. I was outside, I say, please forgive. The most important changes, I do not understand why, for example, before the life insurance to the property insurance, I went to the CIRC for director Yang Huabai, he explained to me, I also need to consider further study. Second, there is a provision, he deleted it, is to protect the right of privacy, the privacy that is not well written, it should be written in the life insurance in this piece. Because the insurance is the subject of the life and health of a person is not right, I just said? The husband is the wife and husband, wife, your insurance policy, don't take it out and let him know, as agreed with it, seems to be the relationship between people with economic interests to quantify, this is not very good. Especially in my book, I have emphasized, in policy holder and insurant is not the same person, while for the Insured agrees, ask him the three questions, the first is whether you are willing to serve as the insured or the insured? Second you know what is the amount of insurance? The third is the future situation changed, would you please do the insured? Third practical problems is that, when you two divorce, how to do? Of course, the insurance company can not speak in this way, people are smart, as long as you like. So, say that you are willing to continue to change? But for the third problem, a lot of people are not willing to answer. This problem particularly in the company as general manager of the company, the insured, this point to tell him, because the situation changes, such as I was about to be fired, what also take my life to let you cover. I think, the insurance company cannot leak who insured in any case, what is the amount of insurance, and the health of health information, the insurance company shall be obliged to keep confidential any of this in other legal provisions, such as "contract law", "insurance law", therefore, changes in the end it deleted, I think the original 32A necessary reserved. Think of my third point, insurable interest, Is it right? Can regard it as an abstract definition? For the insurance benefit of the point set is not the same, provisions is not comprehensive, in accordance with the provisions of the new "insurance law" of the mainland, life insurance should be the insured enjoy the insurance benefits, the property insurance is the insurance accident happens enjoy the insurance benefits. Our teacher may have known, I might have spent a year and a half time to translate the America California insurance code. It provides, for the land property insurance, should enjoy the insurance benefits of the insured, and for offshore property insurance, shall enjoy the insurance benefits is when the accident happened. The "insurance law", the revised provisions have Is it right? Is not comprehensive, and in this I mention it first. For as I said just now by the employer to the laborers have insurable interest, I think, "insurance law", there is no need to have insurance interest provisions, as long as the relationship between the insured and the insured's clear is very good, the employer shall, as the agent of generation of workers insured, it is relatively easy to solve the problem. As for the "agree" Is it right? Can replace the insurance interests? I think, is not a substitute for agreed between person and person's identity or economically vital interests. "Insurance law", the best provision in where? I think, is seventeenth, which is the regulation of the standard clauses. The provisions of Article 16 the applicant has the duty of disclosure, this point we have to mention is, this article in violation of the duty of disclosure does not include intentional, deliberate cases are fraud. In addition, the regulation, policy holder breach of duty of disclosure, the insurer has the right to terminate the contract, the scheduled period of the rescission right hand limit. The contract law in mainland, due to fraud and to revoke the contract rescission fairly long period is one year. Taiwan made a big mistake, it considers the provisions of the insurance law is not applicable to civil fraud, for a short period of exception. But I think,, "insurance law" should return to the general provisions of the civil law, in violation of the duty of disclosure and fraud cases, does not apply to the scheduled period short, let a person cannot succeed. "Insurance law," article seventeenth of the insurer's explanation for the terms of the policy, the exemption clause should also explain, this is very wonderful and good regulation, the problem is performed when there are difficulties, it should have an appropriate limit, this limit is reflected in where? I think, this limitation in terms of format. Our young scholars abroad came back, put the advanced law in future, when executed, the technology is needed to study further. In addition, the mainland "insurance law" about the dangers of change notification is very good, to notify of danger of the exemption is not restricted, very good. The transfer of the subject matter, I think, should emphasize the possession of change, not the transfer of a right, because the insurance itself is a human, is the person in possession of the changes, rather than human rights movements.

   Mongolian long Dean invited, as much as I can, and the teachers in this speech I listen to, the biggest weakness of the old man is lonely, a lecture cannot say, please forgive me.

Professor Long Weiqiu: in practice, we have a communication time, you can ask.

Classmate: application of judges, hello! Insurance companies in order to avoid their responsibilities often have many dodgy practices, for example, America Florida coastal residents to protect their property investment and some tsunami risks, but when Hurricane Kanina came, the insurance company said to those who cast the tsunami risk residents, your house is by the typhoon blown over, according to the agreed not to pay for the average investment; insurance people say that your house was destroyed by the tsunami, we also do not pay, the results are not lost. How do you think the insurance company the dodgy practices? In addition, how to policyholders in insurance in the process to maximize the protection of their own interests?

Application of Mr. Vinson: the students do sit down, I have to sit down. I learned many modern catastrophe, the insurance company has no ability to bear. For example, the most obvious is the earthquake insurance, it can not solve the. Therefore, the Taiwan area is only This is just a little something, American also is such. As for the flood insurance, including the tsunami, the insurance is provided before, now why not provide? When disaster comes, the losses are amazing, why this classmate say Hurricane Kanina caused such loss to Louisiana? USA of federal and state is to be responsible, because a lot of housing disrepair, so many houses were blown over, it really is the insurance company will compensate, some are not willing to pay. There is a clause that storm I am willing to compensate, flood, we know that all the wind called the typhoon, said to be from Taiwan, Western called hurricane. Like the terms it will be lost, but not the clause it is not. USA of federal and state is to be responsible, because they are expressed in Lewis Anna, a disaster relief activities in the very bad, people do not go to the government's disaster relief. But we Sichuan disaster to dozens of times of severe than its disaster, or even several times. Our Premier Wen Jiabao has become one of the world's most respected premier. The insurance company Is it right? Very cunning, be honest, I'd Is it right? For insurance companies to defense, USA regulation is very powerful, generally speaking, USA state governments which have the insurance supervisory duties of a specialized institutions, should not be lost, from here you can get a fair. The problem is, when people in the sale of the policy, the man who sold the policy for the protection of those who do not have the insurance, did not say clearly, this problem is the key. This is why Britain has for over a decade, the relative person is a person, you must sit down and those are not. This is also the "insurance law", a better place, about how to protect the interests of the insured, and the Taiwan area "insurance law" to the insurer, the insurance law ";" towards the insured, the regulatory, legal writing tone is biased towards the protection of the insured, this is the right approach. As you can see, the Chinese insurance law each modification, from 2002 to 2009 revised emphasis in this place, and if there is a chance, I can listen to you, how it was biased towards the protection of the insured. Because they know that in a population of 1300000000, so the vast majority of people are not very understanding of the insurance law, the terms of insurance, require the insurance company to explain, the exemption clause to special instructions, you can not say that the insurance companies have to explain to me, and then the insurant or the insured to sign. In fact you can see, the judicial interpretation of the Supreme People's court has been mentioned in these issues, in accordance with the provisions of judicial interpretation, the insured or the insurant sign of no use, the insurance company should explain to the court I was how explanation. In fact, the socialist countries legislation itself is inclined to social vulnerable groups party. If you are facing a big company, between insurance and does not guarantee you can for a supply of sth., because a lot of big company is bigger than insurance companies, are more than his pet lawyer who. These theories, sometimes very dangerous, for fear that the insurance company becomes weak, and the other is strong, is completely can be agreed to. Generally speaking, tsunamis, floods, earthquakes are not guaranteed, flood is now the most difficult where? Low places are not guaranteed, high places are willing to guarantee, therefore, the dangerous community is very difficult to choose. We Taiwan Politics University in a low place, we would like to insure the flood insurance, Taiwan is a university that university culture, it is at the top of the hill top, "the Minister of education" as it made, he figures are not counted into the damage is bigger than the flood, he had to escape the flood, to the mountains should not have what problem, did not expect the school will let each time the typhoon caused great damage, these things can be when the story to listen to, you will not be too serious. I mean America regulation is very powerful, American rate statistics has a long history, so in practice, it is quite reasonable.

Students; Shi judges hello! You just said, the old "insurance law" compared to the new insurance law, the insurance company's many obligations, relative to other financial institutions such as banks, securities companies, there are not so many obligations, so, some people say that the insurance company is bad, the judge in this value, how do you see?

Application of Mr. Vinson: you really think so? Don't want to! The insurance company is not bad, it is what things are counted. We know, all the insurance payment are counted all the risk, because our insurance started relatively late. Now Chinese lack a what mechanism? Rate statistics institutions do not, therefore, rates do not a quasi in order of time, in 2002 a free commodity, rate liberalization, you have no statistical criteria rating, said the day price the day price, this company will occur between the vicious competition. We know, part of the company premium, premium accounted for a very important position, but no rate statistics. There is a format of the terms of the problem, the liberalization of goods must have a standard model clauses, so that the company can keep. Just about the insurance company the obligation that obligation, the insurance company is a service agency, it is actually took a piece of paper, sell a sum of money. So, your company must be able to trust, not only I can rely on you today, all my life I have to trust, we three generations of a family trust in you, and my money in here you than to put safety at home. The third is that you are a service, you should be supervised by the state. American insurance supervision is very strict, is the world famous. American is free and open economy, why insurance companies dare not fight, because the insurance itself is like this, it should be you completely do these basic ideas. You know in USA, after the accident, the insurance people often take the initiative to risk investigation, you don't need to notice. Because now the media is developed, a report out you, you will find Is it right? You. There is also a life insurance, such as if a man die, in fact the hospital are recorded, the insurance company check is found out, American also did not like the East this strict household registration, as long as reported by the media, he take the initiative to get insurance gold sent, it can sit at home waiting for you to apply for, five years later, a limitation, you cannot apply, the insurance company will not have a good future. Good insurance companies even after five years of aging, he is absolutely not the time, because you're doing this to his advantage, have to pay five years ago, five years before you came to, good insurance companies behave pay interest on it, to say no because you five years ago take, so now give you a little, with your mouth do reputation, to tell the insurance company is very good, I did not apply for five years ago, five years after it sent me to the door, back to my interest, this is what ads are good. So the insurance company, it is a public welfare and related services, that it must be. This is why the insurance practitioners must strict training, and this is why I say; legal system to cultivate understand insurance law, and insurance system should cultivate understand actuarial person, but more important is the legal system also has a major task is in not long future, this is a socialist country, will have a lot of social insurance, so it is important to cultivate social insurance personnel, this is another important field.

Professor Long Weiqiu: just the teacher report was very subtle. I summed up the four characteristics, the first is very adept. He deserves to be called the law everyone, experts fully deserve to insurance law, insurance law thought and the material can be said to be familiar with. Second is a very deep. From the difference in history, philosophy, the angle, which is exquisite, analysis of the profound and rich; the third is the humorous language, easy to understand. The old man has more than 70 years old, but his language image is twenty or thirty years old, so he has not generally mentality; fourth is very meaningful. He not only for the insurance law of Anglo American law system and continental law system are well aware of, and be good at grasping the ascension to the idea, but the actual for the insurance law is extremely skilled, especially with vivid and accurate understanding of the theory and practice of the two sides of the Taiwan Straits insurance law. All these years, he told us, "insurance law", both the legislation and the practice of construction has always been involved, has made many contributions, but also put forward a lot of suggestions, especially worthy of our mainland insurance law and practice sense ming. In a word, I think today's report very enlightening, benefit. Let us with warm applause to thank. I also on behalf of Beihang University Law School welcomes the teacher often come often to. Good! To this end today!

(sound recording arrangement: Dong Fangfang, Huang Yongtai)

Attached: Professor Svenson
   Application of Vincent judge, famous insurance law expert, Taiwan area "judicial" courtesy Justice (justice of the supreme honor). 
   Born in March 11, 1933 in Zhejiang, Hangzhou. In 1958 obtained his bachelor degree of law from National Taiwan University in 1962, received a master's degree in American University of Oregon, doctorate in law in 1965 American U Elam university. In 1966 to 1967 continue to do postdoctoral training in American Illinois University, and served as visiting scholar at the America Harvard University law school from 1970 to 1971.
   From 1967 to 1970 served as associate professor of Taiwan Politics University, 1971 became professor of law. At the same time, also held a number of management positions, including director of the legal department of the 1969 to 1972 between 1990 to 1992 years, director of the Department of insurance, Insurance Research Institute, 1985 to 1992 and 1980 to 1994 years of insurance supervision committee.
   He had been invited to the advanced study in law at the University of London (1977 -1978 years) and the German Insurance Law Institute of University of Cologne (1992 5-8 months) of insurance laws and regulations, and the large number of insurance law and negotiable instruments law publications and outstanding research has repeatedly won the Taiwan Science Committee Sun Zhongshan funds and Jia new culture education fund awards.
   He was appointed as the "judicial" justice in October 1, 1994, a term of 9 years to 2003. At present, Taiwan area for the lifelong judges, and adjunct professor in the politics of Taiwan University Department of risk management and insurance.

[Beihang University Law School, 2010, 5, 20, repeat]