The Study On The Judicial Review Of The Insurer's Obligation To Explain The Exemption Clauses

When the insurance dispute occurs,insuer tend to comply with the provisions of the insurance clauses of the exemption clause in the insurance accident refused to assume the responsibility of compensation or reduce liability.The applicant will be based on the provisions of Insurance Law of the People's Republic of China seventeenth of the insurer did not fulfill a clear obligation to explain,advocated the exemption clause in the insurance clause does not produce legal effect.Therefore,the focus of the review of such cases is to review the insurer for the exemption clause to fulfill a clear obligation to explain.Interpretation(two)of the Supreme People's Court on the implementation of the implementation of the Supreme People's Court on the application of the People's Republic of China Insurance Law()also explain the obligations of the insurer's explanation.But in the trial practice,each district court for the specified duty how to understand,how to define the scope of the disclaimer,demonstrative obligation of how to review the disclaimer,and the insurer that the disclaimer duty standard how to determine,is still no uniform standard.How to judge whether the insurer has to fulfill its obligations,"clear" that become difficult to grasp the focus of the judicial practice.In this paper,through a large amount of case analysis and comparison to each district court trial practice understanding of the disclaimer demonstrative obligation with the referee.Through a lot of cases,and the courts view of research and comparison,find out now to specify obligations of difficulties and problems existing in the examination.Intent on the basis of analyzing the problems and case study,applying related scholars research and his experience in the trial practice,find the most appropriate in insurance law judicial interpretation two legislative intention of demonstrative obligation of the referee thought and standard,and then puts forward the problem solution.To solve this problem,the author from the perspective of judicial practice,the detailed review of the specific steps,and puts forward the combination of theory and practice experience shows that the obligation of decision criteria,summarizes the judicial practice for the disclaimer that obligation to review the basic train of thought.I hope that through the establishment of insurer explanation obligation of judicial review system to further standardize the insurer's duty behavior,the standard description of obligations of the insurer is more reasonable and standard,but also to protect the insured's related rights and interests,so as to reduce the related litigation because of the exemption clause the dispute.