The Development Of The Information Disclosure Obligation System By The Judicial Interpretation Of Insurance Law

Insurance contract information disclosure obligations,as the basis of insurance legal system and important content,is important for the insurer to make a choice.And it is the basis of reasonable operation of the insurance industry.In recent years,the insurance contract information disclosure obligations in Insurance law has led to a lot of controversy and reflection in the insurance practice and theoretical research.Such as the informing obligation’s scope and subject,the manner of notification,the legal effect of breaching the obligation.As for the obligation to explain,there are disputes about the scope of the description,the standard and the approach to express.In view of the problems arising from these theories and practices,the Supreme People’s Court promulgated the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Insurance Law of the People’s Republic of China 1(hereinafter referred to as "the explanation 1"),the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Insurance Law of the People’s Republic of China 2(hereinafter referred to as "the explanation 2")and the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Insurance Law of the People’s Republic of China 3(hereinafter referred to as "the explanation 3")in 2009,2013 and 2015 respectively.This paper discusses the object of insurance notification and explanation,the author focuses on the judicial interpretation of the insurance law on the insurance contract information disclosure obligations,using civil law and insurance law theory to analysis the development trend of insurance contract information disclosure obligations.Meanwhile,using comparative methods to study foreign legislation to study our legislative trend of legislation and international legislation trends whether consistent with other countries.In addition to the preface and conclusion,this paper is divided into four chapters:The first chapter combs the basic theory of insurance contract information disclosure obligations.By introducing the connotation and nature of the obligation of information disclosure of insurance contract,the object of this paper is clarified.In addition,making the the theoretical analysis about the rationality of insurance information disclosure obligations and functional orientation,for the following in-depth study to pave the way.The second chapter explores the breakthrough of the judicial interpretation of the insurance law.By analyzing the provisions of the Insurance Law,we will analyze the existing disputes in the application of the insurance law,then analyze the subsequent understanding and application of the new judicial interpretation,summarize the consideration of the judicial interpretation of the insurance law.The third chapter discusses the judicial interpretation of the insurance law to explain the obligation system breakthrough.By analyzing the provisions of the"Insurance Law" to explain the obligations,the paper analyzes the contradictions existing in the theory and practice of the insurance law.Then analyzes the subsequent understanding and application of the new rules of judicial interpretation of insurance law,summarizes the consideration of the judicial interpretation of insurance law,The fourth chapter makes a summary analysis on the legislation,judicial evolution and development trend of the insurance contract information disclosure obligation system.And introducing the norms of foreign information disclosure obligations of insurance contract,with a comparative study of China’s insurance contract information disclosure obligations of the system and other countries are consistent with the legislation in order to obtain some inspiration.