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目前保险合同诉讼案件日趋增多,为探究当事人订立合同时的真正意图,不少法院采用了语境解释,当事人为证实自己的主张不断地举证,法院慎重地审查当事人提出的证据,但法院仍然存在错判的风险,而当事人诉讼成本的增加则是确定的。有时法院采用文本解释,即仅根据保险合同本身也能正确地判案,但诉讼成本大大降低。本文比较了这两种解释方法对法院判决保险合同案件准确性以及当事人花费诉讼成本的影响,指出文本解释优于语境解释。
At present, there are more and more cases of insurance contract litigation. In order to explore the true intention of the parties in entering into a contract, many courts adopt a contextual interpretation. In order to prove their claim, the court constantly examines the evidence presented by the parties, but the court still exists Wrong judgment of the risk, and litigation costs increase is determined. Sometimes the court uses the text to explain that only under the insurance contract itself can correctly sentenced, but the cost of litigation greatly reduced. This article compares the impact of these two interpretation methods on the accuracy of the court’s decision on insurance contract cases and litigation cost of litigants, pointing out that text interpretation is superior to context interpretation.