Research On The Principle Of Maximum Good Faith In Insurance Law

Insurance is the fundamental and the most important means for risk management in modern life,and the insurance industry is becoming one of the decisive industries in financial industry of our country with the increase of the insurance portfolio.As the basic norm of the insurance industry,the Utmost Good Faith Principle is recognized as one of the fundamental principles of insurance law,and develops with the development of the insurance,which is being endowed with the new connotation and significance constantly.Nowadays the Utmost Good Faith plays an important role in every aspect of insurance legislation,insurance judiciary and insurance activities in insurance field,and guides the behaviors of participants of insurance activities.The insurance industry of our country has been developing rapidly,but the disputes on insurance increase significantly with the sharp increase of the sharply.According to judicial data analysis in 2015,the disputes on insurance occurred frequently and intensively,with increasingly complicated cases.The reasons are the acts without good faith of the participants of insurance activities,besides the wide range of the insurances and risks,and development and changes of the insurance business with large insured amount.There is no doubt that there are higher and more urgent requirements on utmost good faith for modern insurance.Based on core value theory of utmost good faith principle,the utmost good faith principle and problems on a series of legal system in insurance law related to it are analyzed and discussed in this Paper with the method of comparative analysis,case analysis method and the research method of combining theory with practice.The theoretical basis and practical significance of the utmost good faith are explained in Part Ⅰ.The legislative progress of and limitation on insurance law and judicial interpretation are analyzed based on the legal system status quo of utmost good faith principle in insurance law,and problems and troubles in the insurance business practices in Part II.The suggestion that the utmost good faith principle is clearly established in insurance law;the legal system of utmost good faith is enriched;and the relevant legal system is perfected is proposed in Part III.Based on the understanding and comprehension on the utmost good faith with double identities of the insurer participating in the insurance activities in the long term and the insurance applicant and the insured in the insurance relations frequently,the idea is proposed that prudent underwriting obligation shall be established in insurance law,so as to contribute to the perfection of insurance related legal system in our country and the maintenance of the legitimate rights and interests of the participants in the insurance activities,and promote the healthy and sound development of the insurance industry in our country.