The principle of prohibition of enrichment and the principle of compensation for losses are not synonymous and should not be conflated.The principle of compensation for losses is only the logical result of the agreement between the two parties of the property insurance contract,which requires the in-surer to make up for the losses of the insured within the scope agreed upon.The principle of prohibition of enrichment regulates the boundaries of loss compensation,but it is not,as traditionally believed,a re-striction on compensation.Instead,it clarifies how to provide further and adequate compensation.In this regard,its regulatory purpose is merely to distinguish gambling from insurance and to prevent moral haz-ards.It is a policy regulation rather than a principle of natural law and does not have general binding force.However,since moral hazard cannot be ignored,the principle of prohibition of enrichment can be divided into three levels:broad,narrow,and the narrowest sense.The principle of prohibition of enrich-ment in the broad and the narrow senses should be considered by nature as normative mandatory laws,while the narrowest sense should be only an optional rule.The issues such as whether insurance subroga-tion is applicable to medical expense insurance and whether the reinstatement condition in reinstatement value insurance is the validation essential can then be satisfactorily resolved under the three-level theory of prohibition of enrichment.Furthermore,on the premise of this three-level theory,property insurance of fixed sum can be validly tenable,while the exploitation of new varieties of insurance aimed at economic risk prevention can be theoretically justified.
Principle of Prohibition of EnrichmentPrinciple of Compensation for LossesProperty Insurance of Fixed SumPersonal Injury InsuranceIndex Insurance
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