试论保价业务的保险属性及监管完善

Abstract:The value-insured business is the product of the balance between the principle of Parties’ Autonomy and the Limit of Liability，which is currently widely applied in cargo freight such as shipping，ground transportation，air transportation and express delivery. Although value-insured business and cargo transportation insurance differ hugely in the legal basis，risk-taking subjects and the scope of risk protection，the value-insured business is in full compliance with the substantive criteria of the real insurance business and has a high degree of similarity with commercial insurance in practice. To some content，the value-insured business can be qualified as real insurance business. Relevant regulations in China has gone through such process as from none to many，from simple to complex so far，which cover both the value-insured business and the cargo insurance. However，those provisions are still fragmented. More efforts are needed to make relevant regulations to be more scientific，rational and systematic. Government regulatory shall be improved，too.

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