欧盟保险法的统一进程

在欧盟,以宪法性法律文件为基础,通过三代保险指令,也包括正在形成的第四代保险指令,欧盟的单一保险市场正在逐步形成.但相对于欧盟的保险监管制度来说,保险合同方面的调和则严重滞后.在这一领域,目前法律的发展仅局限于对保险合同冲突法的调整.这种状况导致了保险服务自由的目标难以实现.为了改变这种局面,欧盟的相关机构进行了有益的探索.其中的关键问题在于,欧盟应为各成员国提供统一的保单持有者的保护标准.顺应这一要求,最好的办法是颁布有关欧盟保险合同的实体法.我国作为世贸组织的一员和保险法尚不完善的国家,对于其中的动态应给予足够的关注.

The Single Insurance Market of EU and the Harmonization of Insurance Contract Law

Based on the constitutional treaties of EC,the single insurance market in EU is in the process of to be completed by the three generations of directives and the forth generation of directive which is growing.But compared with insurance supervision,the harmonization of insurance contract law is lagged heavily.In this field,the development of legislations is limited to be adjusted by the law of conflicts which leads to the goal of "freedom of insurance service" only in paper.In order to improve the situation,the institutions of EU have being done some efforts on that.As far as I am concerned,what the most important to EU is to provide a uniform standard of protection for policy holders in all member states.To meet this requirement,the best way is to make and enforce substantive contract law of EU.China,as a member of WTO and a country who's insurance law need to be improved,should pay more attention to the development of EU insurance law.