Study On The Subject To Perform The Disclosure Duty In Insurance Law

As an economical means of diverting risk, the vital role of insurance has been approved by people increasingly. While, the rational design of the insurance system, as well as the insurance companies'normal management, both rely on the efficient grasp of risk information, which is the origin of disclosure duty institution establishment. Precisely due to its important status in insurance, the disclosure duty institution has been paid attention extensively and has been researched in recent years. It is the goal which the two legal systems continuously explore and search that how to establish the theoretical and institution system of disclosure duty most reasonably, and make it adapt insurance reality to the greatest degree. The disclosure duty implies numerous factors, such as technique, ethics and value orientation, and covers excessively rich contents, in addition to the limitations on the paper lengths and the author's limited theoretical knowledge, so the paper only focuses on the subject of performance, using diversified methods, including comparison method, legal explanation and cases research, to develop study and discussion, and advances the revising suggestions on legislation in this field by the final conclusion.The paper contains six chapters. Chapter One is forward, mainly explaining the reason for which the author researches the topic and illustrates her research aim. In Chapter Two, the author introduces the concerning legal provisions and contributing factors in Insurance Law of the People's Republic of China. Chapter Three and Chapter Four is the main body of the paper. The author analyzes the reason for which the insured should perform the duty. First, the author introduces the legal provisions on this issue in common law system and continental legal system by the point of comparison view. Second, as to the insured taking disclosure duty, the author researches the theoretical basis and realistic basis, and primarily analyzes utmost good faith principle, asymmetric information problem, the right and obligation coherence principle in an insurance contract, as well as the relationship between insurant and insured. Chapter Four introduces the conception and legislative basis of insurance broker and the reason for which the insurance broker takes the disclosure duty. In Chapter Five, the author points out the phenomenon that the legal provisions on this issue are magnified applicable in national insurance theoretical academic field and insurance companies. Meantime, the author puts forward to legislative perfection suggestions on this issue to Insurance Law of the People's Republic of China. The last Chapter Six is conclusion, summing up the author's viewpoints and the author advances the sustainable development hope to our national insurance industry.