On The Legal Regulation Of The Non Indemnity Clause In The Insurance Form

Most of the current research on insurance clauses focuses on the exemption clauses, which usually include all the clauses that the insurer is not compensated for. This article argues that this approach is contradictory in the legal logic, because the exemption clause should be the first logical responsibility, and then to talk about exemption, to determine the scope does not fall under the terms of coverage does not fall into this category. In order to avoid inconsistency in the concept of law and scope of study, this article uses the concept of "insurance form not to lose clause" on the insurance form exemption clause, and divides it into insurance clause exemption clause and the format does not guarantee scope clause to discuss.At the time of the contract, the policyholder either accepts or leaves, and there is no possibility of joint consultation at all. This contracting style determines that the insurer will use its advantages to maximize the benefits of contracting status. The terms of the form of complex, numerous projects, do not lose the terms scattered in different parts of the contract under different items, it is difficult to attract the attention of policyholders. Even if the policyholder to note, but the content and highly professional, for the insured without professional training, it is not easy to understand. This will lead to a significant imbalance in the interests of the contract, which is the insurance form does not compensate for the legal provisions of the practical significance of the law.The two countries are constantly exploring ways to regulate the insurance format terms, and the formation of a number of lessons learned from the experience and ideas. China's insurance industry is not yet mature, the insurance system does not lose the terms of the regulatory system there is urgent need to improve the place. For the existence of system defects, we can try to learn from the experience of extraterritorial systems, combined with China's actual situation from the program control and content control of the entity to explore.