On China's Insurance Law On The Duty To Inform

The principle of utmost good faith was born in specialty of insurance contract. Insurance contract has more requirement of good faith than any others. There are special requirement on both parties: truth disclosure and performance warranty for insurant, while waiver and estopple for insurer. The insurance law of China has some special reflect on it, but on the other hand it also has some legal defects, which leads to unnecessary disputes.According to the representation obligation, The principle of utmost good faith is the jurisprudential base of the representation obligation, Performing the representation obligation in the insurance contract will protect not only the interest of Insurer Underwriter but also the Applicant, especially in Personal Insurance Contract. The applicant believes that all of the information required by the insurer has been obtained, and that they are under no obligation to disclose more. The representation obligation should be based on the principle of good faith by the method of Jurisprudence. The Insured should be under the representation obligation in Insurance Contract. The obligation of the Insurer Underwriter should draw lessons from Applicants. Insurance Law should be perfected in the content and the way of performing the representation obligation in China. As the consequence of violating the obligation, Insurance Law should balance the interest between the Insurer Underwrite and the Insured.In a word, some legal regulations in the insurance law of China, such as the scope of the duty person of disclosure, the time of implementing disclosure, the contents of the disclosure, the exempting of the duty of disclosure and the low result of violating the duty of disclosure, need modify and improve.