Insurance as a commercial transaction,must meet the principles of"equality between payment and counter-payment"and"equality between income and expenditure",in addition to the three elements of"one party paying fees","the other party providing a certain amount of money based on the occurrence of accidental facts",and"the monetary payments of both parties be-ing mutual consideration",otherwise it is no different from social insurance.However,this does not mean that these two principles must be met in the application of insurance contract law and insurance regulation laws.In determining whether a certain product falls under the regulation of insurance contract law,the principle of"equality between income and expenditure"should not be considered as a constitutive requirement.While determining whether an insurance falls within the scope of insurance regulation laws,both principles need to be considered by principle,but a comprehensive assessment of various factors is necessary for the ra-tional determination.
关键词
保险/法律适用/给付与反对给付相均等原则/收支相等原则
Key words
insurance/legal application/principle of equality between payment and counter-payment/principle of equality be-tween income and expenditure
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