Preliminary Analysis On The Duty Of Disclosure In The Field Of Insurance

In China, The insurance industry has developed into an important part of the national economy. However, there arised many problerms in insurance industry simultaneously, during which the dishonesty of the insurance industry becomes a serious one. In this context, the author studied the duty of disclosure comprehensively by the method of referencing to domestic and foreign advanced legislation, comparing insurance practice and judicial precedents analyzing the theoretical basis of the duty of disclosure and the nature and concept. The article also includes the legal composition and consequence of violating the duty of disclosure. determination standards for violating the duty of disclosure, Legal remedies and the Cooperation of the corpus.This article can be devided into four parts, In the1st chapter,Theoretical basis of the duty of disclosure which equals to the principle of the utmost goo faith and the relationship between them will be discussed. Furthermore, the article also discussed the necessity to restricting the duty of disclosure in legislative level.The second chapter discussed the concept and nature of the duty of disclosure.The duty of disclosure fulfilled by the corpus before the signing of the insurance contract belongs to precontractual Obligations in nature.If the corpus failed to comply with this obligation, he or she will undertake the liability for contracting fault. Simultaneously, the author compared the duty of disclosure with the duty of notification and with for the insured or the insured person respectively. Furthermore, the similarities between the duty of the disclosure,the duty of notification and the duty of testimony in the respect of performance Subject, performance object and behavior purpose are analyzed by the author. Accordingly, the differences in the respects of the time to fulfill the obligation are also included.The third chapter contains the basic scope of analyzing deconstruction of the duty of disclosure.When the body of the duty of disclosure was discussed in section one, the author discoursed whether or not should the insurer and the beneficiary be included. Generally obtained the conclusion that it should be specificly analyzed on the condition that whether the insurer and the beneficiary notice the existence of the contract or not. In the section of the time for fulfillment of the duty of disclosure, the author focuses on "how to determine the establishment of the insurance contract discussing the institution methods of time, the doctrines of insurance law of other countries on this respects and special treatment when a "contract renewal","contract change" occurd. In Section III, the author taking the development of insurance history as the vertical axis and the insurance status in various countries as the horizontal axis analyzed the two kinds of performing manners that is the initiative informing system and asking to inform system, In the forth section for discussing the content of the duty of disclosure, the author stated four identified criteria and the subjective judgment for the important facts. Section V introduces the exemption of the duty of disclosure. Why the responsibility being exempted when the following facts happen:the fact that the insurer did not ask, the insurer knowning the facts, the reduction of risk degree would be stated.The final part discusses the breach of the duty of disclosure.how to judge this kind of breach by subjective elements and objective elements was included. Furthermore, the following matter was still mentioned:the premium should be refund or not,How much should be refund, How to divide the responsibilities. And then, the author introduced the terms of the "non-defense which do good to the insured and its origin, development, the situation and value in our country.In the final concluding remarks, the author summarized the defects of the insurance act legislation and in the same time stated her own suggestion on insurance modification of Chinese insurance law.