弃权制度是英美合同法的基本制度之一,普遍地适用于英美法系国家保险司法实践中。我国2009年修订的保险法并未明确规定弃权制度,①但是在保险合同纠纷的司法实践中,法官往往运用公平观念对有关案件进行裁判,由于缺乏相关规定,造成判决结果不一,引发争议。引进弃权制度的关键在于划定弃权 Abstaining from the system is one of the basic systems of the Anglo-American contract law. It is generally applicable to the judicial practice of insurance in common law countries. However, in the judicial practice of insurance contract disputes, judges often use the concept of fairness to adjudicate relevant cases. Due to the lack of relevant provisions, the judgments resulted in different opinions and caused controversy. The key to the introduction of abstention is the delineation of abstention