Non-defense Clause In The Insurance Law

China’s theoretical circles, practitioners in the process of revision of the Insurance Act, strongly advocated the introduction of the terms of the non-defense, but institutional barriers exist in terms of the introduction of non-defense research not deep enough. Therefore, a general overview of the terms of the non-defense, the author analyzes the legal basis of the terms of the provisions of non-defense and non-defense to the terms of type of litigation, the last non-defense provisions of the applicable in-depth study. The main content is as follows:The first section sets out the terms of the introduction of new non-defense is actually accompanied by the development of the insurance industry is gradually established from the insurer’s voluntarily agreed to develop into the existing statutory provisions. However, due to the insurance industry, the environment is not ideal, imperfect system of legal protection and government regulatory functions of the absence of "easy to insurance, claims difficult" does not regulate the rampant spread of business. Start to come out of non-defense provisions of the meaning of the newly revised"Insurance Law", then the introduction of the significance of non-defense provisions of the history of the development of the non-defense and non-defense terms and abstain from voting to ban anti-words system Discrimination.The second part of the legal basis of the terms of the non-defense from the start, respectively, from the civil law, insurance law, not the defense of the terms of the level of discourse principle of good faith, but also described the understanding of the value of security and order on the terms of the non-defense, as well as non-defense provisions of the insuredpeople, the protection level of the trust interests of the insurer to analyze and exploit its inherent legal.The third part of the type of non-defense provisions of different proceedings from the start, about false froud litigation, temporary insurance receipt for the defense of litigation three lawsuits type of group insurance of employees eligible to litigation, the terms of the applicable non-defenseexplain the method to properly handle the problems encountered in practice.The fourth part focuses on non-defense provisions of the applicable in-depth study, including:defense during the legislative cases, the starting point, the contract reinstatement defense during and after a defense during the period of the legal consequences of non-defense provisions of the scope of its sound and applicable exceptions, to fill the loopholes in the legislation and guidance practices accurately applied.