The Case Analysis Of Standard Terms In The Insurance Contract

For the present, the world's booming economy developed rapidly, which called upon that insurance contracts could be quicker and easier, as well as faster economic efficiency and lower transaction costs. And these requirements are bound to bring insurance contracts to be in terms of general application form. A Western scholar Gust, said:"In the current total number of ordinary people contract the number of contracts in the form about 99%, few people will remember the last time they entered into the contract is when. I am afraid the reality is that, in addition to standard contract, they are only a handful of contracts, except in the oral contract. For those who are more active, they may have to sign a contract several formats."However, due to the trading status and power disparity of the two sides in insurance contracts, the defects in the law and other reasons, there are many problems in terms of format provided unilaterally by the insurance companies, the case of damage to the interests of the insured are endless.In this paper, there are three typical cases. By the analysis, the paper revealed three problems in the form of China's insurance contract, which are the fairness and rationality of the provisions applicable to the existence, explaining of the obligations, adverse to explain a matter of principle. Then, from the legislative, administration, and other regulatory means the paper give some advises according to the analyzing.The paper consisted three parts, and the following is the main part.The first chapter is about the three cases. And it revealed three problems in the form of China's insurance contract, which are the fairness and rationality of the provisions applicable to the existence, explaining of the obligations, adverse to explain a matter of principle.The second chapter is about the deep reason of the problems in the form of China's insurance contract and its reflection in real. The third chapter is about the methods of regulation on the insurance contract terms. It advised that we should regulate the terms of the format mainly from the legislative, administrative, social aspects. On the legislative front, the format should be put in the Civil Code and a special chapter should be established to regulate it; In Administrative Regulation, the specialized agencies should be started to review the standard terms; In the community supervision, appropriate consideration is to strengthen the effect of theindustry associations, consumer associations and the media.