保险合同成立时间的认定、“承诺前事故”的责任归属等问题,是长期困扰保险实务界的难题,究其原因乃是《保险法》规定的模糊性及不合理性。为此,保险合同的成立问题成为本次保险法修改的主题之一。本文在借鉴其它国家或地区立法例的基础上,就困扰保险实务界的几大难题,提出立法建议,以期能为本次保险法修改作出些许贡献。 The establishment of the time of the insurance contract, the “attribution of the accident before promised” and other issues are long-term problems that plague insurance practitioners. The reason for this is the vagueness and irrationality stipulated in the Insurance Law. For this reason, the establishment of the insurance contract has become one of the themes of this insurance law revision. Based on the legislation of other countries or regions, this article puts forward some legislative suggestions on several major problems that plague insurance practitioners, with a view to making some contribution to the revision of this insurance law.