| Group insurance has a long history of practice in China,but it has undergone a tortuous development process in the past decades.In 2015,the CIRC issued the Notice on Promoting the Healthy Development of Group Insurance,which relaxed the restrictions on the group insurance market and provided policy support for the further development of the group insurance market in China.With the development of group insurance practice,there are more and more legal issues concerning group insurance,which mainly focus on several major issues.The discussion of group insurance in academic circles has also increased significantly.Group insurance is not an independent insurance.It is just a form of underwriting,that is,a master policy is insured for all members of the group and is issued in the form of insurance certificates to each group member.Group insurance has a structure different from general personal insurance,but the Insurance Law does not make special provisions for it,and only regulates group insurance in individual departmental regulations.Therefore,jurisprudentially,group insurance should still apply the provisions of the Insurance Law on general personal insurance.Is it reasonable to apply general personal insurance to group insurance with special structure? The insurance industry practice has given a negative answer.In recent years,the disputes concerning group insurance have increased year by year,and they focus on insurance disclosure obligations and insurance disclosure obligations.The judicialdecisions of various localities are not uniform,or they are strictly in accordance with the provisions of general personal insurance.Or focus on the particularity of group insurance and refer to the principles of insurance law.Of course,the circumstances of each case may be different,but the main reason for the confusion in the judicial field of group insurance is that the legislation does not make a difference between group insurance and general personal insurance,and there is no unified understanding of it in theory.For this reason,the author chooses some controversial issues in group insurance to study,that is,the subject of information obligation in the process of contracting group insurance contracts,mainly including the subject of group insurance disclosure obligation and the subject of group insurance explanation obligation.This is a basic problem of the contracting information obligation of group insurance.The author hopes that the research on this basic problem will be helpful to the development of group insurance theory and practice.The information obligation of insurance contracting is based on the prior contract obligation in the Contract Law and the information asymmetry in the process of concluding the insurance contract.It mainly includes the obligation of insurance notification and the obligation of insurance explanation.In the Insurance Law,the subject of the obligation of disclosure is the insured,excluding the insured.There are quite a few controversial opinions in academic circles that the insurer should be included in the subject of informing obligation.Group insurance seems to be more closely related to this issue than general personal insurance,because there are many insured persons in group insurance,and the relationship between insured and insured is not as close as that between general personal insurance.It is difficult for the insured to know the situation that belongs exclusively to the insured person.If the obligation of disclosure is entirely entrusted to the insured,the insured person's liability is too heavy.The insurer will also abuse the obligation to inform and evade the responsibility,so it is particularly necessary to reorganize the subject of the obligation to inform in group insurance.The author intends to analyze the subject of informing obligation in general personal insurancefirst,and then deduce it into group insurance.The author thinks that the subject of informing obligation in group insurance should be expanded to be the insured and the insured.The author also makes a study on the relevant issues which are different from general personal insurance in the process of fulfilling the informing obligation in group insurance,including distinguishing the content of informing between the insured and the insured,and distinguishing the violation.The legal consequences of the duty of disclosure under different circumstances.The insurance law stipulates that the insurer is the main body to perform the obligation of explanation,which is based on the basic principle of insurance and is not necessary to discuss.But at the same time,the "Insurance Law" stipulates that the object of performance of the explanatory obligation is the insured,excluding the insured.Similarly,the object of performance of the explanatory obligation in group insurance is only the insured,which is also controversial in academic circles.In general personal insurance,the insured or the insured is the same person,or has close personal relationship with the insured.The insurer only fulfills the obligation to explain to the insured.The insured usually considers the insured with all his heart and hearts and conveys insurance information to the insured.Generally,it does not cause the insured to be unaware of the insurance terms.In group insurance,the insured is different from the insured.The insured is usually in the management position of the employer,and has no close personal relationship with the insured.The insured usually does not transmit insurance information to the insured.Even if the insured explains to the insured,there will inevitably be an inadequate situation.Therefore,it is necessary to re-rationalize the obligation to perform in group insurance.The object of the row is really of research value.The author intends to first analyze the legislative purpose of the obligation to explain insurance.The establishment of the obligation is mainly due to the consideration of the conclusion of the contract.In order for the insured to have sufficient information when concluding the contract and have nothing to do with the insured,and considering the large number of insured persons in group insurance,it is indeed inconvenient to include the insured in the practice of the object of performance of the obligation to explain insurance.Therefore,the author advocates groupinsurance.The insurer should not be included in the object of performance of the stated obligation.But in practice,the insured of group insurance really has the right not to be well protected.The author advocates protection from other aspects rather than from the point of explaining obligation.The author analyses the protection of the insured's right to know stipulated by department rules and regulations,and puts forward some suggestions for improvement.In group insurance,due to the unequal status between the insured and the insured,it often appears in the process of contracting an insurance contract.The insured's rights and interests are infringed by the fault of the insured,such as the termination of the insurance contract due to the insured's failure to inform the insured truthfully,which can not be solved under the framework of the insurance law.Therefore,it is necessary to jump out of the perspective of insurance law and re-regulate the rights and obligations of the insured and the insured in group insurance from the perspective of agency.According to the above logical thinking,this paper is divided into four chapters except the introduction and conclusion.The first chapter mainly elaborates the information obligations of group insurance and insurance contracting.Starting from the concept of group insurance,this paper analyses the classification of group insurance and defines the scope of this study.Then it analyses the difference between group insurance and general personal insurance.It is precisely because of the particularity of group insurance that we should make the difference between group insurance and general personal insurance,which lays the foundation for the following.Finally,this paper briefly elaborates the information obligation of insurance contracting,including its concept,the basis of its formation,and the provisions of the subject of contracting information obligation under the current Insurance Law,thus leading to the following.The second chapter mainly studies the subject of the disclosure obligation under the contracting information obligation of group insurance.Firstly,it introduces the problem with a case.Then it analyses whether the subject of the disclosure obligation under the general personal insurance should include the insured.Then it deduces theconclusion that the disclosure obligation of group insurance should also include the insurer in the performance subject.Finally,it elaborates the other aspects which should be distinguished from the general personal insurance in the process of fulfilling the obligation of disclosure of group insurance,including the content of fulfillment,the way of fulfillment,the legal consequences and so on.Chapter three is mainly about the object of performance of disclosure obligation under the contracting information obligation of group insurance.It also introduces the problem with a case.Then it elaborates two different theories about whether the insurer should be included in the object of performance of disclosure obligation of group insurance,and finally draws the author's opinion that the insurer should not be included in the object of performance of disclosure obligation of group insurance.Then it discusses the other special provisions which are different from the general personal insurance in the process of fulfilling the stated obligation of group insurance,mainly that the fulfillment standard should be different from the general personal insurance.Finally,from the perspective of protecting the rights and interests of the insured in group insurance,this paper analyses the relevant provisions of the departmental regulations to protect the rights and interests of the insured,and puts forward some suggestions for improvement,so as to eliminate the negative consequences of not including the insurer in the object of performance of group insurance statement obligations.Chapter IV mainly discusses the information obligations of group insurance contracting from the perspective of agency.Firstly,the introduction of agency perspective is to solve the conflict between the rights and obligations of the insured and the insured in group insurance.Secondly,it analyses two approaches from the perspective of agency,and draws the conclusion that the theory of inviting agent should be abandoned and the theory of indirect agency should be constructed.Finally,under the noticeable indirect agency theory,the insured's liability in the obligation of disclosure and explanation of group insurance is supplemented.The last part is the summary of the full text,mainly for the logical structure of the full text and the reiteration of the conclusion. |
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