履约能力不对称条件下,被保险人权益实现面临多元经济伦理和法律规范约束,主要表现为保险人契约责任问题。本文从现代民商法和制度金融学的分析视角,阐释保险人履行契约责任涉及的企业伦理和契约法制度问题,并就保险人契约责任法律规制,提出相应的学理思考。
At the condition of the asymmetry of performance capacity, enforcement of the rights of the insured person face with the constraints of diversified economic ethics and legally binding norms, which usually surfaces as the problem related to insurer's contractual liability. From the perspective of modem civil and commercial laws and sys- tem economics, this article explained the issues of business ethics and contract laws that the insurer would encounter in fulfilling their contractual liabilities, and offered some theoretical thinking on the legal regulation of the insurer's contractual liability.