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20世纪70年代产生于美国的保险法合理期待原则经过了充满争议的戏剧性发展,合理期待原则着力于实现保险合同的实质公平,但却突破了传统合同自由的理论,合理期待原则致力于保障弱势保险消费者的权益,限制保险公司滥用优势地位制定不利于被保险人的保险条款,但却导致保险公司增加保费,最终仍由保险消费者承担高昂的保险成本。从美国各地法院最初的大范围适用到保险公司的激烈应对,使法官和学者对合理期待原则的影响进行了更加深入的反思和改进,但保险法合理期待原则依然充满积极的影响力。我国保险合同规制手段的不足是我们有必要借鉴合理期待原则,进而完善保险消费者权益保护体系,促进我国保险业规范健康发展。
The principle of reasonable expectation of insurance law, which originated in the United States in the 1970s, went through a controversial and dramatic development. The principle of reasonable expectation focused on the substantive fairness of the insurance contract, but broke through the traditional theory of contractual freedom and rationally awaited the principle that it is devoted to guaranteeing the weak insurance Consumer rights and restrictions on insurers’ abuse of their dominant position make insurance clauses that are detrimental to the insured but lead insurers to increase their premiums and, ultimately, insurance consumers bear the high cost of insuring them. The fierce response from the initial large-scale application of the courts in the United States to insurance companies enables judges and scholars to make more in-depth reflection and improvement on the impact of the principle of reasonable expectation. However, the principle of reasonable expectation of insurance law is still full of positive influence. The insufficiency of China’s insurance contract regulation means that it is necessary for us to draw lessons from the principle of reasonable expectation so as to perfect the protection system of insurance consumers’ rights and promote the healthy development of insurance industry in our country.