| The explanation obligation originated in the ancient maritime insurance system in overseas trade development of the marine insurance also set up. That obligation in the marine insurance inception is not affected by time of insurance parties attention, so countries did not clear its contents as the explanation obligation of insurance law in the relevant provisions of the law. But as the basic content of the insurance contract before the establishment of the explanation obligation plays an important role in deciding the contract of insurance or not, its practical value is inestimable.With the rapid development of science and technology and social progress, the original description of obligations and the performance cannot satisfy the present situation of the insurance industry. And the development of transport and communications industry directly breaking the stable relationship between the parties in the original insurance contract, it is because of the explanation obligation in foreign related law in the provisions of the fuzzy insurance companies tend to avoid the necessary obligation of explanation and bring great loss to the insured. According to the relevant departments of the investigation in the global insurance disputes in 2015 alone in the first quarter is nearly 2 million of insurance mark to reach million level of insurance disputes, of which nearly three into a dispute with the insurer fails to perform or without the proper performance of the obligation of explanation about. The above data reflects the insurer obligation and explain the contradiction between the current situation of the society. This kind of contradiction if not promptly and effectively resolve will seriously affect the development of the insurance industry, even will cause the insurance between the parties do not trust each other and cause more serious problems.The British insurance law issued in 2015 to a certain extent is made for solving this contradiction. Different from the China insurance law, the insurance law according to different insured insurance for consumers and non consumers two types of insurance. The same is due to focus on the coverage of the main difference between the two part of the insurance law is not the same.Chinese insurance law in 2015, make the new revised, the revised insurance law in terms of explicit insurance rights and obligations of the parties to the relationship between made great improvement, and combined with the status of the current insurance industry in China despite the introduction of a series of related content. From the situation and are in fact very positive progress. However, we also notice that the insurer obligation content since 2009 for the first time in the form of provisions stipulated in the "insurance law" after six years without making any changes. Although there is a "high" for obligations that made clear legal provisions to explain, but this is a patch of. Also note about many legal obligations, such as the maritime law, the vehicle insurance law "," air law ", each kind of law to specify the obligations are specified, but provisions are not comprehensive, in the implementation in the process of supervision and implementation capacity is low.Therefore, we should have a clear understanding of the rapid development of the insurance industry is no longer full mediation regulation and relevant provisions of the original insurance law. Under the background of the current legal system reform, in the face of legal provisions of the lost, we must draw lessons from the beneficial experience of legislation and provision principle from England 2015 "insurance law", conform to the new trend of contemporary development of insurance law, strengthen the insurer explanation obligation of relevant provisions. This is an important topic that has theoretical and realistic significance. Also in the Maritime Code of the People’s Republic of China and other related laws will face significant modification of today, ontology has more realistic and practical significance. |
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