The Study Of The Problem Of Insurance Contract Format Terms

Since1980, the insurance business recovery in China, insurance industry with hitherto unknown speed rapid development, obtained attract people’s attention achievement. With the rapid development of the insurance industry, regulation of insurance contract format terms are also presented. Because the insurance contract format terms before signing, both sides are not equal. At the same time, generally the insured, the proposer or insured people can understand the non professional and technical problems in the insurance business. Especially the insurance contract format terms exist in a large number of exclusion clause and insurance exemption clause, will directly affect the realization of consumers for the purpose of insurance。Insurance contract format terms previously formulated by the best interests of the insurance institutions, for use in object not specific to the insured, the insured, insurance to regulate the rights and obligations of the provisions, matters insured insurance personnel first established without the right of revision, the insured can only accept all of the terms of format, the applicant only the standard terms and provisions have not agreed with the insurer the right. The existence of a large number of insurance contract format terms makes the principle of traditional contract "freedom of contract" has become a kind of fiction, therefore, how to strengthen the regulation of insurance contract format terms, contract justice, has become the realistic problem urgently to be solved of the law. This paper will use the comparative method, historical method, analysis method to discuss the insurance contract format terms the concept, characteristics, origin and development, the rationality of the existence of the problem, and the regulation of content, combined with Chinas related legislation on insurance contract format terms analysis, proposed consummates our country insurance contract standard terms legislation, judicial, administrative, social proposals. The full text is divided into five parts:The first part is the overview of the insurance contract format terms. In this part, starting from the insurance contract, format contract, terms of format concept, abstracts the concept of insurance contract format terms, and the legal characteristics and the analysis of the advantages and disadvantages。 The second part is the generation and development of insurance contract format terms。This part focuses on the basis of insurance contract format terms, conditions, status quo were summarized, and analyzed its causes and development of all aspects。The third part is the format of the terms of insurance contract exists at present problem of our country and irrational. This part is the core of this chapter, this chapter listed the problem is based on empirical investigation in the large insurance institutions for the insurance industry insurance business, reality and rationality summarizes the insurance industry exists, including part of the insurance contract format terms in direct violation of specific provisions, legal insurance the offending the scope of compensation, the insurance company to expand the "illegal deductible" clause interpretation, drunk driving without compensation, insurance people lack integrity fails to prompt and clear obligation and other aspects of the problem。The fourth part is the perfection of the legal regulation of insurance contract format terms, In the third part of the problem, the author from the legislative, judicial, administrative and social aspects put forward the corresponding mode of regulation, in order to effectively safeguard the legitimate rights and interests of insurance consumers and standardize the insurance market, promote the healthy and orderly development of the insurance industry:...