Empirical Research Of The Explanation Obligation Of Insurance Exemption Clause

Along with the development of economic, more an more people get in touch with insurance,enjoy security and benefit been brought by insurance. These years, china’s insurance industry had gotten witnessed explosive development, meanwhile, it also create a surge of insurance disputes, and highlights the disadvantaged position of the policy holder.So, Under the premise of ensuring the healthy development of insurance industry,taking measures to equilibrate the equal in status across the insurer and the policy holder, protecting the lawful rights of policy-holder has always been the basic position of insurance legislation. This article takes the stipulation of<Insurance Law> about the explanation obligation of insurance exemption clause system as foothold, with referring to106copies of judgments, analyzing the basic theories、related notion and rules of practice. Through finding loopholes on the Law and in practice to feedback theory research, finally promote the development of system.This article is divided into four chapters.The first chapter is the outline of the Explanation Obligation of Insurance Exemption Clause. The main comment of this section is the presentation of Exemption Clause and The Explanation Obligation.And then redefines the subject and object of the Explanation Obligation.The second chapter analyses the current situation of the Explanation Obligation system.First summarizes the influence on the Explanation Obligation system because of replacement of Law.Then analyses the Performance of The Explanation Obligation on time,standard and Liability On Violation of Explanation Obligation.The third chapter is about connected factors of judicial position the Explanation Obligation.To write the article,the author had collected106copies of judgments.This section uses five tables to analyses the judgments on time,Level of Trial, Territory and the patten of Exemption Clause. to find out the common position of judicial decision. The fourth chapter tells some suggestions for further improvement of the Explanation Obligation. After learning some experience from performance of Civil Law System and Performance of Common Law System,under the status of China, the Author put forward some suggestions to seek for the solution to the issues mentioned in chapter two and three.