The Insurance Contracts Disclaimer Legal Issues

Insurance thoughts has existed since ancient times, Chinese imperial execute various relief system can be regarded as the bud of ancient insurance. Modern insurance system originated in the West around the 14th century, and the Marine insurance began in the early years of the 19th century was introduced into China, and has since insurance system in China is pulled open heavy curtain. In the 21st century, Chinese insurance industry both in depth or in density have been a very rapid development. However, at present, the development of the domestic insurance industry still has a very large extent dependent on the governmental administrative measures. Many Chinese insurance companies get the more benefits from the government intervention and trade monopolies.Because of the rapid development of the insurance industry and the monopoly advantage brought by the insurance industry, resulting in extensive use of formatting the terms of the contract. Which is admittedly has its own advantages, such as convenient, save time, and promoting volume, etc., but these format contract mostly very specialized, insurance relative person because of its own lack of knowledge and cognitive level will be in a very adverse position. The insurance companies are likely to take advantage of their own technological superiority in the form of insurance contracts with immunity clause and refuse to undertake their corresponding insurance responsibility in the event of accident. Lots of disputes based on such problems have been frequently emerged in reality.Therefore, in order to balance the forces of both parties and protect the lawful rights and interests of the relatively weak party, legal bound to inevitably intervene to insurance contract relationship between both parties for regulating to the material interests of the exeception clause. However, at present, as the discussion content of the legal question of the exeception clause in the insurance contract does not see more, therfore, the author of paper is committed to the study.This paper will focus on modern exeception clause of insurance contract in which caused by the legal issues, to elaborate author's immature some views. This paper mainly divided into the following four parts:Part I "general analysis of the exeception clause in the insurance contract." In this part, the author first defines the concept of insurance. then, by way of progressive to analyse the "insurance law", "insurance contract"," exeception clause"," exeception clause of insurance contract" related content. This part of the overall laid a full-text research ideology, and put forward the question.Part II" problems related to the study of the exeception clause in the insurance contract." In this part, the author explores the insurance law from two very important question "the principle of utmost good faith" and "principles of interpretation in the exeception clause", then to detail their use for regulation of the exeception clause in the insurance contract. This part to understand the exeception clause in insurance contract has the vital significance.Part III "comparative analysis of the exeception clause in the insurance contract." Firstly, this paper compares the rules on the exeception clause in insurance contract in Italy, Japan and Taiwan, pointing what should learn from them. Secondly, through the differences of comparison and analysis of the exeception clause in the insurance contract between the old and new insurance law, which elaborate the legal rules of the current situation and existing problems on the exeception clause in insurance contract for the new one. Finally, by means of investigating respectively to the relevant provision on "contract law", "the consumer protection law", "maritime law" and "insurance law", points out its characteristics and the application of the mutual relationship.Part IV "legal problems suggestion to perfect the exeception clause in the insurance contract in China." In this part, the author reference the above related analysis, starting the research from the current situation and existing problems on the exeception clause in insurance contract in China, which lead to the suggestion for perfecting the exeception clause in insurance contract in China and dividing it into several aspects:legislation, judiciary, administration and others.