Discuss On The Perfection Of The Rules Of Waiver And Estoppel Of Chinese Insurance Law

The rules of waiver and estoppel is an important Common Law system. Against the abuse of the insurer's rights of defense, it is designed to limit the insurer's rights of defense and protect the interests of insured or the insurer.China is deeply influenced by the civil law countries'law and maintain the interest of both parties with the principle of utmost good faith. The duty of disclosure and exlanation is the main aspect of the provisions of the parties granted by the the principle of utmost good faith. The provisions of disclosure duty are very detailed and operable, but when it comes to the duty of explanation, whether the content, the way or the consequences of violation of regulations are regulated simply. In this case, it strictly limited the breach of contract restrictions, in addition it caused abuse of the rights of defense which is not conducive to the maintenance of the interests of both parties.Consequently, in this paper with specific regulations and cases I put forward ideas to improve rules of waiver and estoppel of chinese insurance law. I analysed the scope and limitation of the rules and the meaning of maintain the interest of both parties with the principle, starting with the stages of the contract including insurance contract signing, insurance contract performance and behaviours of insurer and insurer's proxy after compensation of insurance and combined with the specific provisions of china's insurance law. I hope incorporate this rules into chinese insurance law as much as possible, expect it is conductive to the maintence of the interest of both parties and promote the healthy development of china's insurance industry.