The Legal Analysis Of Inform Obligation In Our Insurance Law

The main function of the insurance is financing and investment, transferring risk, and loss sharing. Therefore, the insurance industry is closely linked with the people’ life and the national economy. Nowadays, as new types of insurance appear, the insurance industry in our country is thriving.Disclosure duty is an unique concept in the Insurance law. It is directly related with the vital interests of both sides of the insurance contract. An insurance contract is a manifestation of the principle of utmost good faith. Disclosure duty in insurance contract plays an important role. The insurer must correctly estimate the risk, and then determine the corresponding insurance rate, It must be carried out on the premise of truthfully informing the insured. Duty of disclosure improves security and transaction efficiency, realize the insurance industry to promote saving transaction cost, transaction rapid reality needs, it can ensure the health of the insurance industry. Not taking the disclosure duty, it is impossible to establish scientific and reasonable system of insurance. In China, based on the insurance professionals, complexity and technical, as the general public of the insured themselves lack insurance knowledge, consciousness of insurance, and the insurance industry competition, disputes continue, applicant fails to fulfill the obligation of informing and refused to assume insurance responsibility. Insurance man in the suit used in large numbers and most strong defenses, dispute cases contribute for the high proportion in the whole insurance field. It makes the insured"s legal rights fail to be guaranteed, so the system needs to be studied deeply. Our country "insurance law" stipulates policy-holder informing obligation in this system, there are still imperfect, based on the duty of disclosure system in other nations. I put forward the following suggestions:First. The object of the disclosure obligation should be both the policy holder and the insured. Second, the content of the disclosure obligation should be the written form. Third, the fulfillment period should be clearly informed during the contract reinstatement, renewal and change. Last. Judging standard of the important facts should refer the similar cases in other developed countries,and non-defense rules applicable restrictions.