Insurance Contracting Information Disclosure System

According to the problem of information asymmetry between both parties of insurance, the peculiarities of insurance contract have been consolidated. So we should reveal information to the other side truly. The thesis takes information disclosure obligation in concluding insurance Contract as its research object in the view of civil taw and insurance law theory.Part one is about the basic problem of the information disclosure obligation in the view of general contract theory. The author considers that the principle of bona fide and sense of balance could be more reasonable to point out the value foundation of the system of the obligation. The control of the procedure is respect to the principle of freedom and more likely to realize the substantial fair.Part two in this thesis discusses the relations between the traditional insurance and contemporary insurance and discusses the construction of the information disclosure obligation legal system comprising the scope of disclosure, the determining standard of materiality of fact, liability of violation. Along with the development such as unlimited to limited, rational criteria of determining standard, improvement of the avoidable principle as for liability, the duty of disclosure obligation of the insured has a growing trend towards gradual lowering in importance.Part three inquires into the accounting duty of the insurer and reviews coercive regulation of it. The regulation that the accounting duty could be applied to all kinds of insurance contracts is not appropriate. In those contracts with nonstandard clauses the insurer should not undertake the explanation obligation. Also, the author expounds the duty of accounting comprising the subject of duty, the scope of duty as well as the extent in this part. For the legal consequence of violating the duty of explanation, we could establish the institution of calm observation in which endow the insured the right to demur and deliquesce contract within specific period after receiving insurance policy. By this way can we deal with the formaiization of insurer's accounting duty. At last, the duty of accounting should be coordinated with the adverse explanation principle to reflect the sense that enhance the accounting duty of the insurer and protect the insured's interests.Part four evaluates the institution of information disclosure obligation of our insurance law and brings forward suggestions to reform. The most important thing to the development of the institution is to balance the interests of the two parties of insurance contract. As for the duty of disclosure obligation of the insured, the legislation should reduce the scope of disclosure and mitigate the unfavorable aspect of the violation. As for accounting duty of the insurer, on the basis of definition of the terms, we should improve the content of the institution.From the foregoing analysis and research, the thesis aims to do some benefit to the information disclosure obligation legal system in our country.