On The Explanation Obligation Of The Insurer

The modern insurance system aiming at sharing ocean unexpected risks originated in marine insurance in 14th century. After hundreds of years of development, with transferring and decentralizing market risk, making up and digesting accidental loss, the insurance system has become an important socio-economic system, which serves as the control of enterprise risk and the protection of personal and family health, property safety. In maintaining social stability and economic development, it has played an irreplaceable role. Developing relatively backward of China's insurance industry resulted in a late start of insurance legislation. In June 1995, the People's Republic of China Insurance Act introduced to fill legislative gaps, providing the foundation for development of China's insurance industry an important legal basis to regulate behavior and protect the interests of the insured in the insurance industry. But since China's insurance industry developing time is short, legal regulations are also not flexible enough, there are a lot of irregularities and situations in which interests of consumers are damaged in the high-speed development of insurance market. In 2009, the national people's Congress Standing Committee made amendments to the Insurance Act for the second time, although this time on many aspects more substantial modifications were made, but there were still many problems, such as:insurer description system. Such as "description of the scope of the insurer is not clear", " the terms of the exemption from liability of the insurer is not distinguished", "insurer obligation criterion was not clear" and so on. The number of disputes which due to uncertainty of the legal provisions and standard inconsistency is also increasing, seriously impacting on the insurance market transaction order and healthy development of the insurance industry as a whole.The main subject is on the instructions of the insurer the obligation in this article. The text is divided into three sections:analysis in the first part describes the general obligation of the insurer, mainly introducing the the concept and characteristics of the obligation to disclose of the insurer and the differences between system of explanation of insurer and concepts related, such as:and inform policy holders obligations the differences and distinctions between obligations of notification of the insurer. And it analyzed the theoretical basis of the insured's obligation of explanation, such as the principle of the autonomy, the principle of utmost good faith, the consumer rights protection. The second part is analysis of our country's insurance law providing for obligation of explanation and of existing problems. Firstly, it is the founding process and the history evolution of China's insurer description people system; secondly, there are in China's current insurance law under in the "insurer description" system existing problems to analyze; at last, from theoretical aspect it analyzed insurer description obligations of fulfilling requirements. In the third part, out of rationality and operability, there are some recommendations to complete China's insurer description obligations according to the development of China's insurer description obligations and juridical practice.