论重复保险合同的效力

重复保险制度在保险业中发挥着举足轻重的作用，直接影响着保险业的健康发展，是保险法的关键内容之一。但我国保险立法对于重复保险的规范较为简略，对重复保险合同的效力也规定得较为模糊。在对重复保险制度的意义以及重复保险合同相关学说进行详细阐述的基础上，引入善恶意区分规则，对不同重复保险合同的法律效力进行辨析；并借鉴国外可行的重复保险立法经验，将重复保险责任分摊方式从比例赔偿改为连带赔偿；多管齐下，防范恶意重复保险，以完善我国重复保险合同效力的立法。

On Validity of Overlapping Insurance Contract

Overlapping insurance system plays vital role in the insurance industry, having direct impact on its healthy development, a key part in the Insurance Law. In China＇s insurance legislation, it is sketchy about overlapping insurance norms, and ambiguous about the validity of the contract. Based on the expatiation on its significance and relevant theories, this paper introduces the rules to discriminate the good from the evil; to analyze the validity of different contract; to draw on the experience of forien peers to change proportional indemnity into joint indemnity when sharing liability under overlapping insurance; to prevent the ill-will overlapping insurance through many efforts to perfect our legislation on its validity.