On The Incontestable Clause Of Chinese Insurance Law

With China's insurance industry development, the original "Insurance Law" has less to adapt to new insurance situation, manage compensate the difficulty of the problem, become public concern how to solve this kind of problem, the research target of scholars in the old method less to adapt to the era of development situation, new "Insurance Law" releasing became necessary.2009 new "Insurance Law" strengthening the protection of the interests of the insured, improve the basic system of the insurance industry, strengthen the insurance industry self-discipline management, has been clear about the legal responsibility, which I think most meaningful is cannot contradictory clause, if applicable, then get reasonable to the insured's protection and the interests of the insurance company to have the great significance, correct scientific understanding cannot contradictory clause, deep inner know cannot contradictory clause of a series of related problems, for our country the insurance industry development and promote, have very important values, therefore, our country cannot contradictory clause is a research significance.Based on the comprehensive domestic scholars's theory as well as the advanced foreign insurance cannot contradictory clause both results by using comparative analysis to our country insurance law, the cannot contradictory clause system, according to the development present situation, the theoretical basis, suitable condition and problems, solutions explores. Cannot contradictory clause first appeared in Britain, development mature is in countries of Anglo-American law system. And foreign insurance legislation in China is compared, and the insurance legislation still is not perfected, such as "Insurance Law" article 16 exist the following questions:applicable objects shall not clear, not stipulate insurant two years of the situation, the death cannot contradictory clause related time points, not applies explicitly exception; Meanwhile, in view of the above questions, to perfect our country's insurance legislation cannot contradictory clause, the author put forward the following Suggestions:shall apply only to person insurance contract, an increase of insurant living requirements, regulation cannot contradictory clause suitable exception, regulations cannot contradictory clause in the contract of insurance is when answer effect.