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我国《保险法》及各保险条款均规定,投保人、被保险人故意造成保险事故的,保险公司免于保险金给付责任。但两者均未明确故意的对象究竟是指损害的结果还是引起损害的原因行为。依照疑义利益解释原则,应作出有利于被保险人一方的解释,即采损害结果故意说,这也是当今各国判例的倾向。然而,当行为人的行为具有明显的违法性时,作为例外,应当适用故意免责条款,否则将助长不法行为的发生,违背保险制度应有宗旨。
China’s “Insurance Law” and the provisions of each insurance provides that the insured, the insured deliberately caused the accident, the insurance company from insurance liability. However, neither of them has a clear idea of whether the intentional object is the result of the damage or the cause of the damage. In accordance with the principle of interpretation of interests of doubt, an explanation in favor of the insured should be made, which means deliberately claiming the result of damage, which is also the tendency of jurisprudence in various countries today. However, when the perpetrator’s behavior has obvious illegality, as an exception, the intentional exemption clause should be applied, otherwise it will encourage the wrongful act and violate the purpose of the insurance system.