Study On The Insurer's Advice And Obligation In The Process Of Establishing Insurance Contract

China's insurance industry has always paid great attention to the performance of the insurer's obligation to explain,and the relevant legislative provisions are also constantly strengthened,the legislator hopes to reinforce the insurer to explain the fulfillment of obligations in order to protect the legitimate rights and interests of insurance consumers in order to enable them in the insurance accident after obtaining the required insurance protection.However,in real life,insurance disputes have not been reduced because of the performance of the insurer's explanatory obligations.Among them,the more prominent is that the insurant did not choose the correct insurance contract and insurance guarantee due to the lack of professional knowledge,insurance products can not be a correct understanding,not that the insurer did not explain the terms of the contract.In fact,whether the insured person can obtain the insurance protection when the insured accident occurs is more important is whether the insured commodities selected by the insured person meet their insurance wishes and requirements.Therefore,the insurer should be required to fulfill the obligation of consulting and consulting at the stage of establishing the insurance contract so as to ensure that the insured can choose the correct insurance product and obtain the maximum insurance protection.The adviction of insurer on the proposed obligation theory is a prerequisite and basis for the study of the obligation.This obligation mainly includes the obligation to consult,the suggestion and the obligation to explain the reason and the documentized obligation.At the same time,the principle of maximum integrity and autonomy of insurance constitutes the theoretical basis for the insurer's advice and advice obligations.At present,China only stipulates the insurer's obligation to explain the relevant provisions of the advisory advice obligations have not been involved.As China's insurance market is under development,volkswagen has very little insurance coverage.Many insurers lack relevant experience in the purchase of insurance and rely almost entirely on the advice provided by the insurer or its agents.At the same time,because a large proportion of the current insurance marketing in our country is sold in the agent mode,some insurance agents sell insurance products that can not meet their actual needs to the policyholders in order to obtain high commissions.In accordance with the current "Insurance Law of People's Republic of China" in our country,the insurer and his agents do not assume the obligation of consulting and consulting.Therefore,if the insurer violates the above obligations,the insured person who suffered the damage can not obtain any kind of relief,which is contrary to the legislative spirit that our insurance legislation tends to protect the disadvantaged subject.From.the standpoint of extraterritorial legislation,the United States and Germany all stipulate the insurers' advisory and advisory obligations,except that their specific contents are not exactly the same.To summarize,the provisions of the extraterritorial insurance law on the insurers' advisory and advisory obligations are mainly manifested in the two aspects of documentized obligations and suitability principles.Given my country's insurance,it is necessary to draw lessons from the successful experiences of other countries on the basis of the lack of stipulation in the insurer's advice and advice obligation,and to construct the insurer's consulting and advice obligation that suits the development of the insurance industry in our country.The insurers' advisory and advisory obligations can be established in the following aspects:first,clearly consults with the subject of the proposed obligation,including not only the insurer but also the insurance agent and the insurance broker;second,the insurer's obligation to provide advice and advice should conform to the principle of suitability;the scope of the advisory and advisory obligations is relevant to the facts of the case and needs case judgments,the legislation should not be too clear,just clear some important criteria for the insured to follow.Thirdly,the insurer should provide the scope and form of the obligation to consult and consult;and fourthly,the legal consequences of the insurer's breach of the advisory and advisory obligations.Through the establishment of the insurer's advice and advice obligation to improve the legal system of insurance in our country.