The Study Of Insurer Specific Explanation Obligation

In modern society, specialty and adhesion make the gaps between the insurer and the policy-holder on the insurance access to information and analytical skills more and more obvious. The insured at a disadvantage may be constricted by the will that they can’t expected This doesn’t match with the fairness and justice that the law pursues and not in line with the rise of consumer protectionism in the 1960s. So the insurer specific explanation obligation that the Insurance Law sets for the insurer has the legitimacy and necessity.The insurer specific explanation obligation in the Insurance Law is an important system, but this system is still inadequate. In the new <Insurance Law>of 2009, the specific explanation obligation were modified and improved, and made the obligation more practical. Compared with the old law, the scope of the obligation in the new law has been widened; on the way to explanation, the insurer can take the use of oral and written two ways. However, the new law is still a lack of maneuverability, and difficult to apply in judicial practice. The perfection of the system will help to improve the inequality status that the parties to the insurance contract in the ability to access information, and there is a very important practical significance for improving the integrity of the insurer and protecting the interests of policyholders.Besides the conclusion, This paper has four chapters in all. In the first part, the writer analyzes the inadequacies of the explanation obligation and the problems in the judicial practice through a case. In the second part, the writer studies the theoretical basis of the obligations on the insurer to prove the legitimacy and necessity of the obligation. And the third part, the writer introduces the insurance law in every country. The last part, the writer makes suggestions for improvement of the explanation obligation.