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随着我国市场经济的高度发展,各种利益的驱动促使人们进入了一个高风险频发的社会,为规避风险,人们选择订立保险合同来补偿因风险遭受的损失。然而,保险合同的核心是保险利益,因此保险利益在保险法中起着举足轻重的作用,对它界定得越科学就越有利于保险业的发展,也就越能实现保险的价值目标。2009年10月1日施行的新《保险法》在保险利益的规定上有了很大的进步。本文旨在对新保险法关于保险利益的修订及其在司法实务中的运用进行辨析,在充分理解保险利益的目标和功能基础之上,深入反思保险利益的主体归属,准确把握保险利益的存在时间和利益范围,以真正实现保险法更加完善地服务于保险事业的发展要求。
With the highly developed market economy in our country, various kinds of interest drives people into a high-risk society. To avoid risks, people choose to make insurance contracts to compensate for the losses suffered from the risks. However, the core of the insurance contract is the interest of insurance. Therefore, insurance benefits play an important role in insurance law. The more it is defined, the more it benefits the development of the insurance industry and the more the value of insurance can be achieved. The new Insurance Law, which came into force on October 1, 2009, has made great strides in the insurance benefits. The purpose of this paper is to analyze the revision of the insurance law and its application in the judicial practice of the new insurance law. Based on the full understanding of the goals and functions of the insurance benefit, this article attempts to deeply reflect the ownership of the insurance benefit and accurately grasp the existence time of the insurance benefit And the scope of interests in order to truly achieve the insurance law to better serve the insurance business development requirements.