On the Legal Relief of Insurance Fraud——Take the Right to Cancel the Insurance Law and the Right to Cancel the Civil Law as the Way
Abstract
With the development of science and technology, insurance fraud is not uncommon, but my country's legal remedies for this are not clear. This article first explains the concept of insurance fraud and compares and analyzes the difference between the insurer’s right of rescission and revocation, and summarizes the current application dilemmas of the two rights. Next, the author analyzes the preconditions for the insurer to exercise the right of termination according to the law to distinguish the two rights again, and then introduces the current thinking dimensions of scholars from the two mainstream viewpoints of "exclusion of application theory" and "selection application theory". At the same time Combining with extraterritorial regulations and summarizing the advanced experience that our country can learn from, the author finally puts forward suggestions on regulating the application of the insurer's right of cancellation and cancellation from the subjective aspects of the insurant and the insurer in anticipation of resolving the dilemma of the conflict of rights.References
Wu Yiwen. Legal Regulation Path of Insurance Fraud[J]. Legal Review, 2019, 37(5): 59-71.
Ren Yishun. On the right of insurer's contract cancellation under the background of insurance fraud: a clue from a two-tier court decision in an insurance fraud case[J]. Insurance Research, 2015(3): 80-91.
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