Insurance Contract Disclaimer Study

Insurance thinking has existed since ancient times, Chinese dynastic purposes of the relief system can be understood as the seeds of ancient insurance. Modern insurance system originated in the West around the 14th century, and was introduced to China in the early 19th century. After the founding of new China in 1949, a national insurance agency—the People's Insurance Company of China. The company has played an important role in the insurance market. Since 1958, due to reasons known to all, the domestic insurance industry stop more than 20 years, it did not resume operations until the end of 1979. Since then China's insurance industry take a rapid development from both the breadth and depth. However, the development of the domestic insurance industry still has a very large extent dependent on the government's administrative measures. Many Chinese companies benefit from the government intervention and trade monopolies.This, of course, is convenient and economical, but these are very specialized contract format, insurance because of the relative lack of knowledge will be in a very adverse position. Insurance companies are likely to take advantage of their own technological superiority in the form of insurance contracts with immunity clause and refuse to bear this responsibility in the event of accident. Such cases have been frequent reality.Therefore, in order to balance the forces of both parties and protect the legitimate interests of the weak side, legal bound to intervene between the parties. The author of the paper is committed to the study.This article elaborate based on the following four aspects:PartⅠ"general analysis of exemption clause in the insurance contract." In this part, the author analysis its necessarity and the positive and negative aspects of it. This part lay the ideological foundation for the transcript and also echo below such as the need for regulation. PartⅡ"study on the specialty of exemption clause in the insurance contract and its legal effect." First, the author explore the concepts and the types of insurance contracts exemption; Second, elaborate two important insurance issues and the role of regulation in the insurance contract ; Finally, analysis the legal effect of the exemption clause and its interpretation issues.PartⅢ"the need for legal regulation of the exemption clause." The author show that our regulatory system is not perfect by a related cases, thereby powerfully proof the necessity of improving.PartⅣ"legal regulation of the exemption clause." Learning from the research of Developed country, the author begins the research from the problems that exist in legislation, raises a comprehensive proposal and divides it into four areas :legislation ,judiciary, administration and supervision.