Study On The Insured’s Truthfully Inform Obligation In Life Insurance In China

This paper studies the issue of life insurance is being faithfully the obligations ofthe insurer. Duty to Inform can be said to support the insurance industry，it is not onlythe obligation of the insured，the life insurance should also be a duty of the insured.However，in our current insurance law，not on the insured’s obligation to maketruthful disclosure requirements. Visit extraterritorial legislation，the distinctionbetween life insurance and property insurance practices in Japan have taken veryworth learning from.The structure and content of this as follows: The first chapter describestruthfully inform the content and scope of the obligations and the principle of utmostgood faith and detailed description of the risk estimates that the obligation totruthfully inform the significance of the following discussion is to lay the theoreticalfoundation. Secondly，it introduces the characteristics of life insurance，life insuranceexplain why you want to be insured’s obligation to truthfully inform separate study.And simple chapters on the legal status of the insured person’s rights and obligations.The second chapter of our current insurance law and related policies and regulationsare introduced，indicating that China’s current legislation does not confirm the lifeinsurance in the insured’s obligation to truthfully inform and analyze the problemsthat may arise，including:(a) does not comply with the spirit of the same rights andresponsibilities;(b) the legislative loopholes lead to the breeding of insurance fraud;rights (c) the insurer’s been too restricted;(d) unable to adapt to new trends in theinsurance industry in the future. The lack of legislation led to different approaches tojudicial practice，and spawned many urgent problems. In the third chapter and learnthe attitude of the obligation to truthfully inform the legislation of overseas comparedwith the evaluation of life insurance in the insured obligation to inform the analysis ofthe pros and cons on this basis，respectively. The fourth chapter from the standpointof both the legislative and the judiciary，should be made to further improve the long term insurance legislation to replace the insured doctrine doctrine were negative，while strengthening restrictions on insurers. In the current approach is more feasiblethrough the first judicial interpretation of the obligations of the insured personsupplement，and using a typical case of the insurance trial practice courts at all levelsof instruction and demonstration.The innovation of this paper are: First，almost no attention to the life insurancethe insured obligation to inform discussions separately. The second is the principle ofutmost good faith estimates that combine and dangerous. Third，the emergingnetwork of insurance，phone insurance and the insured a certain genetic privacydiscussion. As my ability and knowledge is limited，there are many problems in thearticle，but the author is trying to personal insurance the insurer undertakes totruthfully discuss how the obligations of the problem，effect of better ideas.