Research Of The Duty Of Disclosure In Our Insurance Law

An insurance contract is a manifestation of the principle of utmost good faith. It is a special contract. And the duty of disclosure plays an important role in the insurance contract. It is the foundation of the healthy development of the insurance industry. The duty of disclosure about the revised insurance law in 2009 has been improved. But there are still some problems about the provisions on the duty of disclosure. It easily leads to some insurance disputes in practice. The article discusses the basic theory and the basic structure of the duty of disclosure, talk about some specific problems in the insurance. Learning from foreign experience in legislation, we put forward the further improvement about haw to perfect the duty of disclosure.The purpose of establishing the duty of disclosure is that insurers can accurately predict the risk of the insured status of its surrounding environment in order to better determine whether the determination of underwriting and premium rate. In addition to the duty of disclosure in the insurance law, there are instructions, notices and other obligations. The duty of disclosure is different from description of the insurers and notice of increased risk. Because of asymmetric information in insurance markets, people's bounded rationality and other reasons, to the interests of the insured, there may be some fraud protection phenomenon. The obligation is benefit to promote transaction and reduce transaction costs. It is of great significance to maintain the balance of interests with the insurance. Although the introduction of non-defense in the 2009 revised insurance law has proved the provisions on the duty of disclosure, there are many problems in practice, such as its main single, the contents of the lack of maneuverability, the legal consequences unfair and so on. In order to operate easily for the judicial practice, we need to expand the main duty of disclosure, to make sure that the content of this obligation is more conducive to operate. Based on the principle of utmost good faith, it better balances the interests between insurers and the insured, and promotes the healthy development of insurance business.