The Research Of The Insurance Contract’s Form Provisions

Normally, the contract of civil law always be the freedom of covenant principle, with specific consultations for the basic item, but as the highly development of the commodity economy and increasingly prosperous cause standard clauses be used as the main method in more and more guild. The item means "party one prepared it in advance for repeated using without negotiation with oppose one".The conception of people be transformed day by day with the development of insurance which push popularization in crowd and purchase it.The insurance have been unable to use traditional covenant mode for different customer daily specific consultative signing at present situation what huge volume as well as the requirements very high professional contract, so format clause appeared in the insurance industry firstly, especially used most incisive in the modern insurance business format.Establishing the insurance rights and obligations between applicant and insurer entirely depend on the insurance contract, whereas format of the terms of insurance contract occupies the most one. Insurance contract format be characterized by the insurance company drafted in advance with determining the content terms in the contract, to the relative trading parties and the insured one. The trading conditions by insured, generally do not allow the insurer or the insured any one who try to negotiation then change the format in terms of content, but only choice either accept it or refuse the trade between in. Herefore, the standard terms with strong advantages and rationality in economic to adapt the modern insurance industry’s prosperity and development what plays an irreplaceable role, at the same time it has great disadvantages like a double-sword, such as breach contract freedom result in the cries of both manifest justice.So much as, the insurance company who usually use economically or negotiation ability position to set terms on self behalf, protect their own interests one-sided and pursue their own maximum profit, rarely or in no shape of the benefit below to insured and the insured. Therefore, the insurance contract format articles bring the convenience and high efficiency in our insurance life also at any time could damage the insurer and the insured person rights and interests for any one party simultaneity.Due to it is be some inherent defects format in fact that clauses various country need to devoted to regulation to restrict or prohibit the insurance terms of abuse the insurance contract format articles, using state coercive instrument to regulate the insurance contract format articles, our country has carried on a series of regulation in the new "insurance law", but any system or laws is not consummate as the social life alter promoting the insurance business development and content is complex and changeable according. Therefore, the insurance contract format articles as well as the constant improvement in the legal regulations have been attracted wide attention, for more in-depth research. Developping the research of this thesis is of great theoretical and practical value, the author hopes on the insurance contract format articles of the law characteristic analysis and value comment, for further explore the regulation of insurance contract and the necessity of existing measures so that regulate our commercial insurance market, protect and keep the insured benefit and put forward some countermeasures and suggestions.Based on above view, the author decided to "insurance contract format in terms of research" as a graduation thesis. This paper from will following below four parts to the insurance contract format articles research:the first part, mainly is to the insurance contract format articles of the basic profiles, focuses on the insurance contract format in terms of the concepts and history, and the insurance terms is generated and then made into the insurance contract in detail; the second part is mainly explained superiority of insurance contract format clauses in the insurance contract application, for example can reduce transaction costs, so that the transaction is more conveniently and quickly, and can promote the safety of transactions, and facilitate the country carries on the macroeconomic regulation and control; the third part introduces the malpractice insurance contract format articles, its malpractice is the main breach of contract freedom, so that the two parties of the contract are in unequal bargaining position, but in terms of the terminology is often obscure; the fourth part in-depth study China’s new "insurance law" on the legislative regulation of standard clauses in insurance contract, a detailed analysis of the insurance clause explanation obligation, insurance contract terms and the doubt of unfavorable interpretation principle; the last part the author for perfecting the insurance contract format articles and puts forward some countermeasures and suggestions, recommendations from the legislative, administrative, judicial and social supervision mechanism of the angle of the insurance clauses to carry out a full range of regulation, in order to further regulate the insurance industry in China market, safeguard broad policy-holder and insurant interests.