保险合同是一种特殊的民商事合同,其合同解除制度较之一般的合同解除具有明显的差异性。然而立法对其多作概括性规定,导致理论和实践中对诸如保险合同解除的概念界定、解除条件的合理性、合同解除的溯及力等问题争议纷纭。本文力图对上述争议问题作一阐释,并期待能对立法的完善有所裨益。 Insurance contract is a kind of special civil and commercial contract. The contract cancellation system has obvious difference compared with the general contract cancellation. However, the legislation makes more general provisions for it, leading to controversy in theory and practice on such issues as the definition of the insurance contract, the rationality of the dissolution of the contract and the retroactivity of the contract. This article seeks to explain the controversial issues above and looks forward to the improvement of the legislation.