On Specific Explanation Obligation Of Insurers

Part-1 is about the generalization of the specific explanation obligation. Firstly, the connotation and legal origin of the specific explanation obligation are stated, namely the specific explanation obligation means that the insurer specifies the obligation of the connotation of contract exemption clauses to the insured when they conclude insurance contract. Insurance Law specifies the provision of specific explanation obligation, and the being form and evolution since 1995. And then, it introduces the quality of specific explanation obligation. What's more, it introduces in detail the legality, supervenience, contract first, and initiative of specific explanation obligation. Thirdly, it discusses the necessity of setting specific explanation obligation in the aspect of pursuing fair of model contract. Fourthly, comparing between new and old Insurance Law, it states the change and progressive of specific explanation obligation.Part-2 is the existing problems at present in China according to the provision of specific explanation obligation. Firstly, it points that the insurance law doesn't set the way of specific explanation obligation, and its maneuverability is weak. Secondly, the insurance law doesn't set the degree that should be reached by specific explanation obligation, whether it should reaches to the understand level of insurer, the insured or the standard of rational layman. Thirdly, it doesn't distinguish whether it is substance explanation or formal specification, which brings great inconvenience to the testification of the party. Fourthly, the insurance law doesn't confirm whether law prohibited behavior should be explained specifically. And it doesn't confirm whether the insurance law can quote the provision of the insurance law about specific explanation obligation with regard to legal excusatio.Part-3 is the suggestions of setting and perfecting specific explanation obligation. Firstly, through introducing the provision of specific explanation obligation of civil law countries, such as Japan, Singapore, and Germany, it points out that our country can absorb and borrow ideas from related regulations that fit our own national conditions. Secondly, it lists the way of specific explanation and similar general provisions. For example:1. Explanation terms should be printed and made specifically. 2. The single-row should state the written explanation of terms.3. Inquiry and specification.4. Signature to confirm. Thirdly, in order to be convenient for the party to put to the proof and to operate and confirm in the actual operation that specific explanation should be formal specification rather than substance explanation. Beyond that, there should be fair and reasonable review mechanism aiming at the clause of specific explanation, to ensure that exception clauses are still fair and reasonable after coming into effect. Whether the examination is in conformity with law regulations; whether it distributes the risk reasonably; whether it damages the interest of the insured; whether it maintains the interest of the insurer; whether the content of exception clauses are clear and definite. It clarifies that the actions prohibited by law should not be indulged and protected, so it should not be explained. At last, it clarifies that the clauses that don't produce ambiguous should not be explained specifically only need to be pointed out.