| In addition to the basic attribute of damage-filling contracts, insurance also has the additional attribute of risk regulation tool, which requires integrating the idea of risk governance into the insurance contract law system, and improving the safety maintenance obligation as the core technique of risk governance. Legislation should define the content boundaries and expression methods of safety maintenance obligations, and introduce elements of content importance and clarity. The former is sufficient to influence the insurer's decision on whether to underwrite or increase the insurance premium, and the latter is sufficient to determine the specific risk (change) type and scope. When the insured violates the safety maintenance obligation and the insurance accident has not occurred, the insurer has the right to request an increase in premiums or terminate the contract, but the preconditions of urging the insured to perform the safety maintenance obligations must be met, and meanwhile, there is no need to set the preconditions of subjective and causal factors for the exercise of the insurer's right to terminate the contract. If the insured accident has occurred, the exemption of insurance liability should be strictly limited, the preconditions of subjective elements and causal elements, including intention and gross negligence, should be set, and proportional liability should be introduced in the case of gross negligence. |
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