On The Insurer 's Clarification Of Obligation

The insurance industry is an important pillar of the modern financial system,also an important part of the social security system. August 10,2014, the State Council promulgated the "Opinions on Accelerating the development of modern insurance services" (Guo Fa [2014] No.29), to speed up the development of China’s insurance services. China’s insurance industry is become more and more powerful, which is playing an increasingly important role in economic and social development of the country. With the prosperity and development of the insurance industry, the insurance disputes such cases also showed a yearly growth trend, due to a dispute in which misleading sales caused to occur.The reason people clearly stated obligation insurance system in their application process, due to the tendency of the protection of policyholders, so the insurance contract disputes involving the obligation explicitly stated the proportion rising. And at the same time, because the system lacks specific and clear practices, such legal interpretation and discretion judges have a larger space, co-determination of different phenomena abound. Therefore, this paper want to give some suggestions to the development of insurance industry, basic of the insurer clearly stated duty of the urgent need for equal protection perspective around absolve the insurer liability clause.This paper is divided into an introduction, body and conclusion of three parts. The text is divided into chapters, according to ask questions, analyze and solve problems in a logical syllogism order to arrange the structure of the article. The introduction of the background, content and research paths and methods were introduced throughout the article, the article content for the conclusion overview resolved.Three chapters are mainly the following text. The first chapter first discusses the theoretical description of its obligations, then in accordance with the existing legal provisions clearly explain the specific scope of obligations, time, mode, standard and fulfill this obligation does not fulfill the legal consequences resulting from a comprehensive analysis.The second chapter analyzes the reasons for the clear explanation of the legal obligations of the problems and causes of these problems. The first is clearly defined way of explicitly stated No, poor operability; Secondly, to what extent this obligation is considered fulfilled what exactly has no standard to follow, is based on rational criteria layman, understanding the insured standards or insurer understood standards, there is no conclusive; again, it should be formal explanation or description is also substantially different dispute, so that there are in evidence in the debate.Chapter Ⅲ for the second chapter analyzes the problems one by one to propose solutions. The status quo of China’s current development put forward reasonable recommendations, including the establishment of appropriate institutional mechanisms to improve the performance of the relevant standards and so on.Finally, the concluding remarks at the conclusion at the conclusion of the article.