On The Explanation Of The Clauses In Insurance Contract

Insurance system is the important component of commercial law system. Its significance lies in assembling the personal strength to set up the dangerous community, which provides economic aid to its member when they need compensation after the accident, in order to disperse and digest their danger. Its function lies in immunizing angst that individual may encounter dangerous in social and economic activities, in supporting social stability and harmony. Insurance contract is one kind of standard form contracts, two parties' rights and obligations embody in standard clauses of insurance contract. While the standard insurance clauses bring convenient and high efficiency to commercial activities, they are the arguable point between two parties. At the same time, as a special kind of commercial systems, insurance has regulations and conventions under a system of its own. In actual judicial practice, it will be too easy even crude to announce the substance of insurance contract clauses, if only applying the ordinary approaches to interpret them. So it's also definitely difficult to hold and balance the rights and obligations between two parties. Additionally, in our country's actual judicial practice, the approaches to interpret insurance contract have not formed the uniform system. The approaches and regulations to interpret insurance contract remain on the academic theory level. There are only regulations in p(?)inciple but little in our country's Contract Law and Insurance Law. Such status brought puzzles and challenges to the judicial practice on the trial of insurance contract cases. In trial practice, the author also feels the need to systematically comb and deeply study the explanation methods of insurance contract clauses.Staring from the fact that insurance contract clauses are standard clauses, the dissertation analyzes in details the characteristics of insurance standard clauses, presents the basic principles of the explanation of insurance contract clauses, discusses some fundamental jurisprudence issues such as the necessity and the object of the explanation of insurance contract clauses, expatiates on the general explanation methods of insurance contract clauses, and proposes the application and regulation methods on the explanation of insurance contract clauses mainly from the aspects such as "the teleological method", "complying with insurance business practices", "the good faith doctrine", "the on-behalf-of-applicants doctrine" and "the exemption clause". Finally, the dissertation, based on the practice, reveals and analyzes the shortcomings of the explanation system of insurance contract clauses due to the deficiencies of current legislation, as well as the errors and problems existing in the judicial practice of the explanation of insurance contract clauses, discusses the way to improve China's explanation methods of insurance contract clauses, and puts forwards some feasible application rules, with a view to benefiting the trial of insurance cases, specifying reasonably the rights and obligations between the parties of the insurance contract, and promoting the harmonious development of insurance business.