Study On The Insurer’s Interpretation Obligation Of Insurance Law

At present our insurance is at the stage of development in our country, the management of the insurance company falls short of the specification, meanwhile, nationals are lacking of consciousness and knowledge of insurance. Thus, strengthening Insurer’s Interpretation obligation of the insurance clause is definitely taken as the lawmaking guiding ideology in our country. On this condition, Interpretation obligation of insurance law becomes one of the most important characters in our country’s insurance law. Insurance law emphasizes on Insurer’s Interpretation obligation, but it hasn’t included detailed regulations on the insurer’s interpretation scopes, standards, methods and also hasn’t stipulated explicitly which kind of legal consequence the people who violates the Interpretation obligation will get. Because controversies centre upon on issues stated above, it is hard to reach a consensus. Whereas, in practice, the controversies on issues stated above between insurance and judicial circle are much hotter. After all is said and done, these controversies are caused by the ambiguity of the law, poor operability and the Deficiency of the common understanding on the interpretation obligation. On the base of the theory of insurer’s interpretation obligation, the author will specifically analyzes main constitutes and performance methods of interpretation obligation system, as well as defects in the present system, and then give advice to perform interpretation obligation system.This paper is divided into three parts:the first part is to discuss related problems on insurer’s interpretation obligation and specify the meaning and limit of interpretation obligation through analyzing defining and concepts. Combined with its legal principle, define and analyze the theoretical basis of interpretation obligation. The second part is to analyze the insurer’s interpretation obligation present rule and applicable demonstration. In this part, the author sets forth the interpretation obligation from different aspects, such as main body of the performance, the object of the performance, the degree of the performance, the scope of the performance and the legal consequence for the people who has breached the interpretation obligation. Also the author comes up with personal view on the application of law for some issues. The third part is about the defects of interpretation obligation and its improvement. The author points out the defects exist at present rules, such as poor operability, incomplete standard, and the defects which affect the whole party, and then offers four recommendations:do revision on the interpretation method, and interpretation degree for present rules; limit the interpretation obligation to a range which rules can afford in order to let interpretation obligation play a due role; balance the duties and entitlements between parties; realize the purpose of making law normatively.