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复保险,是派生于损失填补原则的制度之一。从损失填补原则的基本理念出发,对复保险效力问题的具体制度予以设计,应将防止超额保险、避免不当得利、控制道德危险、增强安全保障以及便于利益平衡作为制度考量的主要因素。复保险的效力,包括内部效力与外部效力两个层面。在复保险的内部效力问题上,应将复保险区分为善意复保险与恶意复保险从而分别加以规制,使恶意复保险归于无效,对善意复保险则应采连带责任制立场。对复保险的外部效力,即各保险人之间负担额的确定问题,以采独立责任基础法较为妥当。在善意复保险情形下,同时还应赋予投保人以复保险消除权,以更好地解决复保险问题,使保险制度得以良性运转。
Complex insurance, is derived from the principle of loss of one of the systems. Based on the basic idea of the principle of the principle of compensation for losses, the specific system of the problem of the effectiveness of the complex insurance should be designed. The main factors that should be considered in the system are the prevention of excess insurance, the avoidance of unjust enrichment, the control of moral hazard, the enhancement of safety and security, and the balance of interests. The effectiveness of complex insurance, including internal and external effects of two levels. On the issue of the internal effect of complex insurance, the double insurance should be divided into two types: good faith insurance and malicious insurance, respectively, so as to invalidate the malicious reinsurance and take the joint responsibility system for good reinsurance. The external validity of the complex insurance, that is, the burden between the insurer to determine the issue, in order to adopt the basic law of independent liability more appropriate. In the case of bona fide compound insurance, at the same time, the insured should be given the right to eliminate the complex insurance so as to better solve the problem of complex insurance and to make the insurance system function well.