《中华人民共和国保险法》实施已近 5个年头 ,这期间对规范保险活动 ,保护保险合同当事人的合法权益 ,维护保险市场秩序发挥了重要作用。但在具体操作过程中也存在一些问题 ,如立法者的本意是维护被保险人的利益 ;立法本意的倾向性使法律条文以及字句不尽规范 ,多处使被保险人处于优势地位 ;从诉讼案件的结果分析 ,法院办案人员多数不理会保险的法律原则 ;《保险法》的修订应强调保险合同双方当事人最大限度的履行诚实信用原则 The “Insurance Law of the People’s Republic of China” has been implemented for nearly five years. During this period, it played an important role in standardizing insurance activities, protecting the lawful rights and interests of parties to insurance contracts and maintaining order in the insurance market. However, there are some problems in the concrete operation process. For example, the original intention of the legislator is to safeguard the interests of the insured. The tendency of the legislative intention makes the legal provisions and the wording uncompleted, and places the insured in many places. From the litigation Analysis of the results of the case, the majority of court case-handling officers ignore the legal principles of insurance; “Insurance Law” amendment should emphasize both parties to the insurance contract to maximize the implementation of the principle of good faith