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保险制度是商业贸易的产物,保险的基本职能之一在于分散风险,即基于投保人与保险人的约定,投保人交纳保险费,当被保险人遭受损失且该损失在承保风险范围内时,由保险人承担保险责任。但在保险实务当中,时常出现保险人拒绝承担保险责任、被保险人得不到救济补偿的情形,因而确定保险人何时开始承担保险责任显得尤为重要,这不仅关乎被保险人能否获得保险保障,也影响着保险人合同主要义务的履行。本文旨在论述实践中保险责任开始的界定以及与此相关的法律争议,从而提出完善保险责任规定的几点建议。
Insurance system is a product of commercial trade. One of the basic functions of insurance is to spread the risk. That is, based on the agreement between the insured and the insurer, the insured pay the premium. When the insured suffers a loss and the loss is within the scope of underwriting, The insurer shall bear the insurance responsibility. However, in the practice of insurance, it often happens that the insurer refuses to take the responsibility of insurance and the insured can not get the remedy. Therefore, it is particularly important to determine when the insurer starts to assume the responsibility of insurance, which is not only related to whether the insured can get insurance Protection, but also affect the performance of the main obligations of the insurer contract. This article aims to discuss the definition of insurance liability in practice as well as the related legal disputes, so as to put forward some suggestions on how to perfect insurance liability regulation.