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关于保险合同的论文摘要怎样写

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JACOB1949

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保险法是约束,规范保险人和投保人的一种标准法律,它的存在可以更好的维护双方的利益关系。这其中重要的原则就是诚信,所谓诚信就是诚实、守信,是保险的生命线。保险法中的这种最大诚信原则,实际上就是保险合同双方当事人在订立及履行保险合同的过程中,必须以最大的诚信全面而完整地履行自己应尽的义务,互不欺骗和隐瞒有关保险标的的重要情况,严格遵守保险合同的约定和承诺。《中华人民共和国保险法》第5条规定:“保险活动当事人行使权利,履行义务应当遵循诚实信用原则。之所以这样强调诚信原则,因为保险合同具有很强的特殊性。第一,保险合同是射幸合同,具有不确定性。第二,保险合同与一般合同相比具有明显的信息不对称性。第三,保险的行业特性是资金流动性强。保险合同是最大诚信合同,保险合同当事人具有说明告知义务。例如,2000年4月,某公司40岁的王某因患胃癌(亲属因害怕其情绪波动,未将真实病情告诉本人)住院治疗,手术后出院,并正常参加工作。8月24日,王某经同事推荐,与之一同到保险公司投保了人寿险。王某在填写投保单时并没有申报身患癌症的事实,也没有对最近是否住过院及做过手术进行如实说明。2001年7月,王某病情加重,经医治无效死亡。王某的妻子以指定受益人的身份,到保险公司请求给付保险金。保险公司在审查提交有关的证明时,发现王某的死亡病史上,载明其曾患癌症并动过手术,于是拒绝给付保险金。王妻以丈夫不知自己患何种病并未违反告知义务为由抗辩,双方因此发生纠纷。被保险人投保之前患有严重疾病并接受过住院及手术治疗,但因家属和医师的善意隐瞒,被保险人并不清楚自己患有何种疾病,导致在投保时未予告知。仔细推敲这种特殊情况,保险人是有正当理由拒绝赔偿的。因为根据保险法的一般理论,告知义务要求告知内容是对事实的陈述,而非准确地阐明观点。它并不苛刻地要求投保人的告知完全准确无误,只要在投保人认知范围内他尽量大可能地履行了这项义务即可。被保险人在投保时不清楚自己究竟患何种疾病。就是说,在被保险人的确不清楚自己到底患何种病的情况下,倘若他对病情做了感知性陈述,尽管这种陈述不一定与事实相符(如患有胃癌,家属等善意地告诉他得的是胃病,他申请患过胃病)他在义务履行上是绝对无瑕疵的,但是如果他隐瞒或虚假陈述了就医或治疗等方面的事实,则犯有未适当告知重要事实的过错,应当承担违反告知义务的不利后果。保险诚信是威胁保险业生存乃至政府诚信和社会诚信的重要因素,诚信原则是保险经营的重要原则,保险诚信首先要求保险人做到最大诚信,最大诚信是保险人的道德准则;同样诚信也是投保人和被保险人的基本法律准则和行事规范。要建立保险当事方的互信机制,促成良性互动。从我国保险业经营的现状来看,众多现实让人觉得保险诚信不容乐观,如被保险人不如实告知或骗赔,保险人在经营与理赔方面的不诚信等行为,在一定程度上影响了我国保险业健康发展。在我国部分保险企业和员工的保险诚信问题严重影响了保险业的形象和健康发展。可以说,影响保险业的发展和壮大,重要的不是保险产品的创新,而是保险的不诚信。在老百姓的心目中,现在保险行业的信誉度很差,有些人甚至将保险营销和传销等同起来,如果不提升保险业的诚信,整个行业的生存根基将会受到摧蚀,保险本身将不复存在。诚信也不是绝对的,只要双方尽自己最大的努力,对的起自己,也对的起他人,为了社会,不再自私,其实很简单做到的。因此,建立保险各方当事人的互信机制,促进双方的良性互动显得格外重要。加大保险公司信息披露力度,早日消除保险供求双方信息不对称的矛盾,让保险相关信息在参与保险的各方间对称地进行传播,揭开保险神秘的面纱,让他真实地走进平常百姓家。扩展阅读:【保险】怎么买,哪个好,手把手教你避开保险的这些"坑"

关于保险合同的论文摘要怎样写

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Analysis of the Current Situation and China's Insurance Fraud Prevention An overview of insurance fraud 1 The meaning of Insurance Fraud Insurance fraud, including two aspects: on the one hand, the insured party's insurance fraud and insurance side of insurance Unilateral non-compliance with the insured in good faith, intentionally concealed the true subject of the insurance situation, induces insurers underwriting, or use the contents of the insurance contract, intentional manufacture or fabrication of insured damage caused by the insurance company to obtain insurance payments for payment, an insurance party fraud; on the other hand, insurance companies, employees and agents of the business and claims for self-serving, or to obtain more business fees or payments to the insurance payments income pockets, while the induction of cheating policyholders and the insured person is an insurance 2 Characteristics of insurance fraud Extremely subtle First of all, the insurance contract as insurance fraud by a party or related person, and the insurers of insurance existed between the legal contractual relationship, so the insurance fraud is often overshadowed by legitimate insurance contracts is difficult to arouse suspicion of the public and the insurer ; Second, the insurance business objects related to all areas of social and economic life insurance policyholders who are not on every detail of the investigation; again, insurance fraud and to implement the insurance fraud is most Not only within the validity period of the contract in the implementation of the insurance fraud, insurance contract entered into before and can be implemented when Fraud is fraud, because after a long period of meticulous person and careful planning, insurance, even if found, it is difficult to gather evidence relating to insurance A serious social crisis of Insurance fraud is not only violating the legitimate rights and interests of the insurer, but also the entire community property, serious assault, more importantly, the safety of others also constitutes a grave In life insurance, some policyholders, the beneficiaries, to seek huge insurance, risked, intentionally killed the insured, causing great harm to To this end, the provisions of national laws except those of civil insurance fraud, but also provides for criminal liability of the insurance 3 The manifestation of insurance fraud Insurance fraud in different forms, according to the specific situation of insurance fraud, which can be summarized as follows: Create a false impression, the loss of "conversion" as the insured losses This is the most common form of an insurance Primarily when the insured property does not participate in after suffering the loss, fraud, often trying to be "transformed" as the insurance targets, and to provide false evidence for the claim to the If someone's a "Dongfeng" brand trucks are not insured, but after the accident to shift into another one of its insured's motor vehicle license, and put on the expansion issue of spraying a car license plate, attempting to achieve real ones, grafting of In addition, the subject matter when the insured losses caused by the exclusion, the insured person to provide false evidence will usually try to transform them into place within the insurance loss insurance Excess insurance Insurance is the insurance policy holders over the insurance amount is higher than the actual value of the subject matter insured, occurs mainly in the property Because in life insurance, the person's life and his body is not measured by money and there is no excess Use of excess insurance policyholders in the form of fraud is mainly exaggerated the actual value of the insurance subject to a number of others as their own property, the property insured, or falsely claimed custody of a person entrusted with some valuables, and provide false evidence and proof to the insurance when the accident occurred, the subject matter insured for more than the actual value of insurance Repeat Insurance Duplicate insurance is the insurance the insurer on the same subject matter, the same insurance benefits, the same insured separately to two or more insurers to enter into insurance contracts of China's "Insurance Law" Article 40 does not prohibit double insurance, but requires repeated insurance insurance policyholders should be repeated to inform the insurer of the situation, and clearly defined, double insurance totaling more than the insured value, the insurer total amount of compensation shall not exceed the insured In addition to the insurance contract provides otherwise, the insurer and the insured amount in accordance with its proportion of the total amount of insurance As those who are deliberate fraud, the insurer on the situation of double insurance hard to find, it's fraud, fraud, higher rate of It should be noted that some duplication of insurance, the insured is not the result of intentional, but because of the insurance policy holders do not understand or to find the so-called "more insurance", "double insurance" caused, which should be treated Questions added: False or exaggerated loss Loss is forged within the period of insurance, insurance, accident did not happen, however, the insured or beneficiary has deliberately fabricated false in many accidents, so that insurers believe the insurance accident has occurred, in order to gain insurance If any motor insurance policy holders, after secretly selling lied car stolen car, ask the insurer for Exaggerated loss refers to the insured property after the accident, the insured forgery, falsifying losses in an attempt to take advantage of a large The insured's false testimony in two main forms: first, through the relationship by issuing false certificates for the If an owner of the insured motor vehicle insurance, car accident, resulting in vehicle damage repair in the repair shop sent, through the relationship need not have the replacement part has to be replaced, expanded the scope of repair, increase the amount of Second, due to the insured himself to be altered the document, enhance the amount of This form of fraud more poor, easily found the insured, so clever fraud are generally rarely Forgery insurance and escape from danger time Insurer in the insurance period only because the subject matter insured caused insured losses of Some of the insured or the insured to defraud insurance, often taking time to counterfeit insurance and means of escape from If a taxi driver in his cab the day after the expiry of dangerous condition of the insurance, the insurance in order to obtain compensation, through the relationship, so that traffic police team award in the accident to happen in real time, two days in
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