Legal Research Of The Insurers' Illustrate Obligation

Insurers'illustrate obligation is the insurers in the insurance contract period which shall be fulfilled, the insurance contract terms, technical terms and relevant documents containing the contents of a statement to policyholders to explain clearly, so that the insured an accurate understanding of their own contract rights and obligations of the statutory obligations. Because the insurance activities of highly professional, technical, insurance contracts are generally made of format, in fact this way limits the meaning of the expression of freedom of the other party to enter into a contract freedom of form conceals substantial lack of freedom. In order to eliminate the shortcomings of such unequal trade, China's《Insurance Law》through the 17th Article and 18th Article set the insurer's explanation obligations(The newly revised《Insurance Law》is the 17th Article in 2009). Require that the insurers should explain the contents of the contract to the insured when set the insurance contracts. To establish and improve the system of the insurer explain obligations for protection of interests of the insured, for ensure the realization of the principle of utmost good faith, improve the legal system, insurance, and promote the healthy development of the insurance industry is an important significance. The insurers' illustrate obligation system of china has been basically established, but there are many imperfections. As a limit insurer abuse of dominant position, the promotion of the contracting parties to the contract between the information in the rational flow of important system description of obligations of the insurer, whether in the academic field of study or practice in the insurance industry, also show has not received the attention it deserves。And the performance of the insurers obligations in practice with a high degree of flexibility and uncertainty, because the insurance obligation to indicate the problem of disputes arising more and more, and has seriously affected the insurance market trading order and the entire insurance industry has a healthy development. In view of this, the author tried to explain the obligations set out developments in internal and abroad, analysis of China's obligation to establish the insurer explain the significance of the system, and to explore the note obligation to build the system should follow the idea of building the system in describing the obligation to bring some of my Shallow viewIn addition to Introduction, this article is divided into four parts to indicate the obligations of the insuranceThe first part is the Concept and characteristic of the insurers'illustrate obligation, the developments in internal and abroad and expound the Theoretical foundation of the insurers'illustrate obligation. Insurers'illustrate obligation is the insurers in the insurance contract period which shall be fulfilled, the insurance contract terms, technical terms and relevant documents containing the contents of a statement to policyholders to explain clearly, so that the insured an accurate understanding of their own contract rights and obligations of the statutory obligations. There are three characteristics, Statutorily Prior contractual and Initiative. The origin of the insurers' illustrate obligation is the sea insurance, and the 18th article of United Kingdom's Marine. Insurance Law in 1906 has a similar provision, followed by common law countries, most of the insurance legislation in order to learn from the British Insurance Law. Civil law countries also have the similar Requirements with the insurers' illustrate obligation。Although the Insurance Law in China started late, but provided the creation of "the insurers' illustrate obligation" and In the tradition. There are three Theoretical foundations of the insurers' illustrate obligation, the principle of the utmost good faith Autonomy,and protect the fair of a insurance contractIn the second part, the author mainly Analysis the current situation of the insurers' illustrate obligation of china. Mainly analysis the current situation in two ways for the system of China's insurers' illustrate obligation. On the one hand, insurers' illustrate obligation of china has shortcomings of its legislative at this stage, Mainly reflected that the main Description is not clear, indicating the object under the unreasonable, the law provides a "description" and "clearly" is not clear, and has a drawback duty of the insurers' illustrate obligation; On the other hand, mainly discusses the risks of China's insurers' illustrate obligation in practice。There is some risk from the contract signing process to contract performance, and finally the judicial treatment of disputes arising in the course of the contract.The third part is reflection of our system of China's insurers'illustrate obligation。First give a re-definition for Subject and the time of the system of insurers'illustrate obligation, the re-definition for Subject Primarily through its staff of insurance, insurance agents, insurance salesman, insurance agent, these types of subject analysis to explain China's insurance obligation to the system to indicate what the subject should. The re-definition for time Mainly to reinstate the contract time and whether changes should fulfill the obligation to re-define the statement shows the time Secondly, has also some improvements of Ways and means of the insurers' illustrate obligationThe fourth part is on the basis of the third part of the reflection of our the system of insurers' illustrate obligation, from the reality of China's insurance industry, exploring a sound system of China's insurance obligation to let people know some the ways to complete our the system of insurers' illustrate obligation Mainly from four aspects First, based on analysis the foreign system "cooling-off period of observation", Advice our country introduce. The "cooling-off period of observation" Second is the description of the insurance legislation should be exempt from the obligation to make recommendations Third, the provisions of the insurance jargon too much and criticize it in the practice, and put forward to promote popularization of insurance contracts to improve the readability of insurance policy. Finally, in practice difficult to operate a system of insurance to indicate the obligation to make a few substantive recommendationsIn this paper, the research methods used deductive, inductive, historical study of the method, comparative analysis and case-case analysis of empirical method, the original assessment of the legal system at the same time, from the interpretation of the law school and interests of the measuring point of view of description of new theoretical basis of the obligation to conduct a multi-level analysis, discussed the feasibility of its perfect Same time, through inspection, foreign "cooling-off observation period" in practice to conduct a comprehensive analysis of the status quo, and on this basis, to reflect our obligations under the existing insurance system to indicate the legislative, judicial practice, shortcomings and problems of the insurance obligation to let people know system, the process to make a few real views of their own, with a view to improving China's insurance obligation to the system to indicate the legal provisions to make modest means...