The Underwriter Instructions For Compulsory Study The Disclaimer

In recent years, with the development of China’s insurance industry’s explosive, all kinds of insurance disputes more and more, litigation insurance disputes become more and more people is very important. Insurance contract litigation occupies an important seat in the field of litigation, because insurance companies do not let the disclaimer, and specify the responsibility and sentencing circumstances can be said to be insured such litigation mode to solve the dispute, but the underwriters obligation dedication attitude is not due to continuous loss of case demonstration effect change. For this, the author thinks that it is necessary to deeply analyze the underwriter insurance disclaimer, according to the current conflict between laws and regulations, and the analysis of the two is reasonable and unreasonable aspects, hope can through in-depth analysis, draw lessons from foreign advanced legislation experience, or reform the insurance company’s operation mode and idea, explore the realistic method to improve the maneuverability, laws and regulations make laws and regulations and the present situation of the industry to achieve proper fusion and complementary.Disclaimer of unfinished on the other hand, because the technique of insurance disputes and specify more and more, this "stubborn" seriously affect the insurance in the national image, become a stumbling block on the road, the healthy development of insurance industry in our country, and insurance domain of the rule of law construction in our country is in urgent need to make up for shortcomings, through the study of this article, hope in the field of perfecting our country’s insurance law supervision, promote the healthy development of insurance industry.Based on game analysis, comparative analysis, normative analysis and empirical analysis research methods, combined with China’s current insurance litigation and judicial practice as the foundation, with the principle of law and economy, comparing legislative, judicial status quo at home and abroad, points out that the underwriter hints and regulatory disclaimer specified in China, explains how to perfect the judicial operability provides some reference opinions. For a better balance the interests of all parties of insurance, promote the healthy development of the health insurance law and insurance industry. This paper is divided into five parts:The first part is mainly introduced, mainly introduced the topic selected topic background, research significance, research status at home and abroad and the research methods and innovation of this article. This part is the essence of the whole article, from the research contents, research methods and research status at home and abroad, describes the blueprint of the whole article.The second part is mainly about the underwriter demonstrative obligation overview of the disclaimer. This part mainly introduces the disclaimer and prompt, and specify the responsibility of the concepts and characteristics. Through the introduction of case, our disclaimer underwriter obligations may understand basic instructions, aware of why we have put forward such a proposition, puts forward the necessity of the actual topic. Concepts and the analysis of the case at the same time also played an important role for the following in-depth analysis.The underwriter in the third part, mainly introduced the our country legal skills and obligations disclaimer is clear and not perfect. Check insurance, issued in 1983 to 1983, between legal norms, etc., on the one hand, we recognize that our country insurance code gradual reform process and the development of the insurance industry in our country, on the other hand also let us realize our legal defects still exist in this aspect, the demand of the insurance industry can not adapt to change quickly, such as the law of insurance companies insurance disclaimer specified standards, techniques and specify the scope of the still need to be further clear and perfect operation.The fourth part will introduce the skill of the insurer outside the legal norm and obligation specified disclaimer. Of Anglo-American law system and continental law system of the two law systems on behalf of the state insurance legislation and practice of introduction and analysis, make us different world the legislative experiences of developed countries to get preliminary understanding, absorb the experience we have selective reference, the following is put forward to perfect our legal advice about the underwriter disclaimer rationality of demonstrative obligation open wide field.The fifth part is the core part of the article, through discussion of the above four chapters, this chapter mainly from the specified the definition of the scope of the "disclaimer" and "different from the insured liability clause", analysis the various abnormal value; Unifiedstandard disclaimer hints and demonstrative obligation, trading from the perspective of interests, analyses the main body of interests, legal norms proposals can be rooted in the soil in the market, trying to uniform degree of demonstrative obligation standard, safeguard the dignity of the law and judicial authority. Finally through the practice of combining the new way of trade, problems from the perspective of legal advice, ensure that the trend of the future development of the insurance market in the whole process to get legal protection.