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中国保险法的现实障碍 (一) 中国保险立法面临的障碍 1.保险立法内容上的障碍 新中国成立后,保险业的发展是从强制保险开始的,因此,直到1981年的《经济合同法》前我国的保险立法都带有浓厚的行政立法色彩。随着经济体制改革的深化,社会主义市场经济体制的建立,为了适应市场经济对保险制度的需求,保险立法正逐步改变立法格式和内容的行政色彩。但立法内容仍显得过于简单和原则化,主要表现在: (1) 某些保险法律、法规条款缺乏可操作性 其一,交付保险费与保险合同效力的关系不明确。一般情况下,交付保险费与保险合同成立
Obstacles to China's Insurance Law (I) Barriers to China's Insurance Legislation 1. Obstacles to Insurance Legislation After the founding of new China, the development of the insurance industry started with compulsory insurance. Therefore, until 1981, before the “Law of Economic Contract” Our country's insurance legislation has a strong administrative legislation. With the deepening of the reform of the economic system and the establishment of the socialist market economic system, in order to meet the demand of the market economy for the insurance system, the insurance legislation is gradually changing the administrative color of the legislative format and content. However, the content of the legislation still appears to be too simplistic and principled. The main contents are as follows: (1) Some insurance laws and regulations lack operability. First, the relationship between the delivery of insurance premiums and the effectiveness of insurance contracts is not clear. Under normal circumstances, the insurance premiums and insurance contracts were established