出于安全保障的考虑,人们重复投保、交叉投保现象普遍,极易引发多数保险中保险人责任分摊问题。而我国现行《保险法》所规定的重复保险制度构成要件严格,不能涵盖实务中所有多数保险情形。因此,为解决此问题,本文拟在多数保险框架下,增加保险竞合制度。保险竞合涉及被保险人和保险人之间的损失补偿关系以及保险人之间的责任分摊关系,恰好符合债法中不真正连带债务的内外效力。本文以不真正连带责任为理论基础,在损失补偿原则的指导下,借鉴保险竞合现有的研究成果,从外部关系和内部关系两方面来构建我国的保险竞合规则。外部关系规则重点解决被保险人的损失及时、充分受偿并禁止被保险人不当得利问题,内部关系规则重点解决数保险人之间的责任分摊问题。 For safety and security considerations, people repeat the insurance, cross insurance phenomenon is universal, can easily lead to most of the insurer liability sharing problem. However, the existing duplicate insurance system stipulated in the existing “Insurance Law” in our country is strictly composed and can not cover all the major insurance situations in practice. Therefore, in order to solve this problem, this article intends to increase insurance competition system under the framework of most insurance. Insurance competition involves the loss compensation relationship between the insured and the insurer as well as the liability sharing relationship between the insurers, just in line with the debt law does not really have the effect of internal and external debt. Based on the theory of unjustified joint and several liability, under the guidance of the principle of loss compensation, this dissertation draws lessons from the existing research results of insurance co-opetition and constructs the insurance co-opetition rules of our country from two aspects of external relations and internal relations. External relations rules focus on resolving the insured’s loss in a timely manner, full compensation and forbid the insured person’s unjust enrichment issue, and the internal relationship rules focus on resolving the issue of liability sharing among several insurers.