问题 问答题

试述《合同法》、《保险法》对保险合同的格式性所带来的弊端进行校正的内容。

答案

参考答案:(1)立法控制立法控制,指通过立法规定保险合同的格式条款内容发生效力的条件及其法律后果,以此来约束合同内容,此为事前控制。(2)司法控制司法控制,即指法院或仲裁机关通过对保险合同条款的认定、确认及解释等方式约束合同内容,主要表现为疑义不利解释规则的适用,此为事后控制。司法控制以司法者对待决案件中的争议条款的解释来影响保险合同内容,具有消极性、个别性、事后性的特点。(3)行政控制行政控制,即由保险监管机构对保险合同条款的内容先行审查,经核准后才允许其作为保险人与投保人订约的基础,以事后监督的方式修正合同中可能存在的不公平因素。(4)社会组织控制社会组织控制,即通过保险行业协会、消费者协会等社会自治团体的力量影响合同内容。社会团体控制具有高效率与低成本的特点。

单项选择题 A1/A2型题
填空题

World Water Shortage


A new study warns that about thirty percent of the world’s people may not have enough water by the year 2025.
A private American organization called (1) Action International did the new study. It says (2) than three-hundred-thirty-five-million people (3) enough water now. The people live in twenty-eight (4) . Most of the countries are in Africa or the (5) East.
P-A-I researcher Robert Engelman says (6) the year 2025, about three-thousand-million people (7) lack water. At least 18 more countries are (8) to have severe water problems. The demand (9) water keeps increasing. Yet the amount of water on Earth (10) the same.
Mr. Engelman says the population in countries that lack water is (11) faster than in other parts of the world. He says (12) growth in these countries will continue to (13) .
The report says lack of water in the future may (14) in several problems. It may increase health (15) . Lack of water often means drinking (16) not safe. Mr. Engelman says there are problems (17) over the world because of diseases, such as cholera, (18) are carried in water. Lack of water may also result (19) more international conflict. Countries may have to (20) for water in the future. Some countries now get sixty percent of their fresh water from other countries. This is true of Egypt, the Netherlands, Cambodia, Syria, Sudan, and Iraq. And the report says lack of water would affect the ability of developing to improve their economies. This is because new industries often need a large amount of water when they are beginning.