Legal Analysis Of Sales Misleading In Life Insurance

In recent years, China’s insurance industry in a new, rapid growth period, the average annual premium growth of more than 20%, in particular, the State Council on accelerating the development of modern insurance services, a number of opinions (China issued 29) 2014, the development of life insurance has brought a historical opportunity. However, this period is often the problem of exposure to the period, especially in some cases against the legitimate rights and interests of insurance consumers are more prominent, the life insurance sales misleading, group visit to the occurrence of a more serious group events, and the 2013 China Insurance Regulatory Commission and the China Insurance Regulatory Commission received a total of 21361 valid complaints of insurance consumer rights and interests, an increase of 27902 in 2014, the total number of insurance consumer rights and interests of all kinds of effective complaints, an increase of 30.62%. In order to solve the problem of misleading disputes and protect consumer rights and interests, it is needed to further clarify the application of laws and regulations related to the misleading areas of life insurance sales, improve the relevant laws and regulations.This paper is divided into four chapters, as follows:The first chapter is mainly life insurance sales misleading, cause analysis and hazards; The second chapter is misleading life insurance sales dispute resolution approach, misleading sales status of investigations and consumer protection; The third chapter is foreign to the life insurance sales misleading legal regulation and its reference; The fourth chapter is to improve laws and regulations to curb sales of misleading conduct life insurance, through the introduction of appropriate "reasonable expectation principle" refine " insurance obligation to explain " and "expand insurance contract invalid interpretation "and" expanding the scope of insurance contracts "to carry out legal regulation of the life insurance sales of misleading conduct.The innovation of this paper is:first, the research perspective of this paper is new. Research on the protection of consumer rights and interests of the relevant literature, but it is very general insurance consumers are precisely positioned in the most need to protect and the most vulnerable people, insurance consumers, while the combination of sales misleading research literature can be described as lack. Second, the thesis constructs the legal framework of the management of personal insurance sales, management and sales misleading is the practical and theoretical proposition. This paper analyzes the advantages and disadvantages of the insurance contract, and analyzes the connotation and extension of the contract, which is based on the principle of "reasonable expectation". Meanwhile, it is suggested that the contract can be regulated by expanding insurance contract.