Research On The Legal Regulation Of The Insurance Contract Disclaimers

Insurance refers to the insured and the insurer by way of contract agreement in the accident and loss of property caused by the case,by the insurer to the insured to pay the premium,or the death of the insured,disability,illness insurance obligations transactions.With the development of social economy,existing in the form of the contract of insurance is more and more widespread exist in our life,and in the form of format contract exists in insurance contract because of the promotion of insurance transactions is simple,fast,efficient and low cost characteristics by the insurance people.Because the insurance contract disclaimer is an important part of the insurance contract,it plays an active role in balancing the interests of all parties in the insurance contract,preventing moral hazard and so on.Therefore,it is of great significance to both parties of the insurance contract and the insured.There are specific provisions on the exemption clause of insurance contract in China's current insurance law.But the current insurance law is mainly concentrated in the administrative supervision department approval and filing of exemption clauses in insurance contract;insurance of exemption clauses that specify obligation and identification;exemption clause in the insurance contract is invalid;interpretation principle for interpretation of the exemption clause and can not be obtained in a general explanation of the circumstances the.However,there are still many defects in the legislation of the exemption clause of insurance contract.First of all,the scope of exemption clause is not clearly defined;secondly,the insurer's prompt and clear description of obligations not specified;thirdly,determination of the effectiveness of exemption clauses and terms of explanation did not make specific provisions;finally,in the aspect of supervision is not a specific and effective measures.The legislative defects and so on as the cause of the Party of insurance contract disputes,but also lead to the judicial practice of different co contracting the situation.It not only damages the legitimate rights and interests of the insured and the insured,but also damages the reputation and image of the insurance company.The lack and lag of the law directly lead to the confusion of the application of law in practice.The fundamental reason for this result is that the theory is vague and unclear.So,through the unity and standardization of administrative power and judicial power to improve legislation,and as a starting point for the exemption clauses in insurance contract legal regulation seperatedly is very necessary.In our current legal system,it is necessary to make logical interpretation of the “insurance law” article nineteenth,clearly define the scope of exemption clauses in insurance contract and the “effective” provisions of the introduction of the rules at the same time;ask to cancel general instructions;at the appropriate time can also introduce calm hesitation to further improve the insurance system;the presentation and specific explanation obligation;administrative supervision needs to further improve the relevant legal system of administrative supervision;to judge more reasonable discretion in judicial practice.