Study On The Insurer Explainuing Liability Regime

In recent years, the concept of consumer protection has been gradually paid attention. The demand In providing insurance contracting information has also been under the influence of the thinking of the consumer protection. It gradually presents such a situation:the ease trend of informing obligation and the expansion of the Insurer explaining liability regime. We can see that the Insurer explaining liability regime has also been paid more and more attention to by academics. In fact, the underwriter whether financial or professional degrees are much higher than the policy-holder. The terms of the contract by the underwriter is carrying pre-decided. Policy-holders can only be able to accept or refuse to policy content which can not be amended by policy-holders’free will. So for the esoteric difficult insurance clauses, policy-holder often lack the reading interest, In terms of ignorance often also make policy-holder into the underwriter tacit traps and causing disputes. Before contracting whether or not the underwriter should illustrate contract contents to policy-holder is still uncertain. Undeniable, it is very complicated for the reasons of causing current problems in the insurance industry. But as honesty and fairness of the basic legal safeguard for insurance trade, the Insurer explaining liability regime system in legislation is not perfect should is one important reason. The perfection of the Insurer explaining liability regime can reduce a weak position of the insured in the insurance contract information-gathering and pay attention to the risk of contracting. So, strengthen the insurer contracting obligation to be an inevitable choice.This paper consists of three parts:preface, main content and conclusion. There are four chapters of main content which is from problem presentation, to analysis part, and finally conclusion.The introduction part draws out this article through three real legal precedent’s reappearances the question, Explains the theory of the development and evolution illustrates the performance of the obligation to indicate the status by analyzing the domestic and international obligations of the insurer. And put forward the existing legal system indicating that a sound system of the insurance obligation of China to let people know there is real need. This thesis includes four chapters. Chapter one mainly analysis the content and characteristics of insurer explaining liability regime as a whole. Chapter two introduces briefly the development of this regime in China and other countries. Chapter three specifically establishes the insurer explaining liability regime through the way mentioned above and analysis the subject, the object, the time, the criteria and the extension to perform the explaining liability. The fourth chapter mainly aims at the insurer to violate explanation duty to carry on the discussion, proposed that must divide into the disclosure the legal disclosure and from decides the disclosure to carry on stipulated separately. The last part gives suggestions to the reform of insurance contract law from legislating, justice and administration fields.