The Insurance Contract Exemption Clause Prompts The Explanation Of The Obligation Empirical Study

The article 17 of the Insurance Law stipulates that the insurer for the insurance contract disclaimer provisions of the obligation to explain the unique instructions.The interpretation of the insurance law(two),from article 9 to 13,provides the scope,object,exception,content,way of performance,and the burden of proof,etc.It can be said that the above provisions for the insurer's actual practitioners,safeguard the interests of the insured as well as the reality of the judicial trial.But at the same time,we should also see that according to the current "insurance law" and the relevant judicial interpretation of the provisions,there are many places to be clear about the insurer's obligation to explain the disclaimer.For example,what is the extent to which the "explicit" should be stated in the terms? What are the specific criteria for making a prompt that is sufficient to attract the attention of the insured? "Interpretation of the insurance law(two)" article 9 has made an incomplete enumeration on the scope of the insurer's obligation to explain the disclaimer,but beyond that,what are the terms of the insurance needs of the explanation? Legal and judicial interpretation does not give clear and detailed provisions on such issues.In theory,there are a lot of differences and disputes as well.Should we adopt subjective or objective on the performance standard of the insurer's obligation of explanation? Should we adopt strict standards of proof or lax standards of proof? For the insurer's scope,we should take the broad sense,narrow sense or compromise?It is obviously that the law and judicial interpretation are still vague on the insurer's duty of explanation,so do the theorist circles.Therefore,more and more disputes arise between the insurer and the insured in the insurance practice.There are also differences in the judgment,the trial lack of uniform standards and operational reference.Therefore,to make the insurer's imminent obligation clear and detailed is an urgent task.This paper is divided into four parts except the introduction.First,this article will introduce the current situation of the legislation of the insurer's obligation to explain the disclaimer and summarizes the theoretical point of view.Second,this article will focus on the statistics and analysis about 112 related cases of justice.And it will conduct a full investigation of 112 cases from multiple dimensions of time,space and trial level.Third,there will be a summary of the court on the issue of the trial and the judicial review of the main points of dispute.Fourth,to further clarify and refine theinsurer explanation obligation prompted suggestions,this paper will integrate the theoretical and practical differences base on the basis of empirical analysis.