Study On The Regulation Of The Form Clause Of Insurance Contract

From the vertical point of view,with the deepening of the development of reform and opening up,the development of China's insurance industry has gone through the process from closed to open,from young to mature,from single to pluralism.In real life,we can reach various kinds of insurance,such as vehicle traffic risk,personal accident risk,transportation risk,agricultural insurance and so on.It can also be said that insurance contracts have infiltrated into all aspects of our people's life and business activities.In the pursuit of the maximization of commercial interests and the convenient process of trading activities,insurance companies are unavoidable to take the form terms as the main part of the insurance contract for different customers and different insurance requirements.But it is due to the unequal status of the two parties that have already existed in the insurance contract,and the insurance format clause is more important to protect the commercial interests of the insurer.Therefore,it is necessary to correct the malpractice of the insurance contract format reasonably and effectively in order to protect the interests of the insured,the insured and the beneficiary,and to maintain the smooth and healthy development of the insurancecommercial activities.After the insurance company formulates the insurance format clause,its terms will break through the category of goods and services.We should weaken the contract's doctrine of the will,push the market's impersonalization characteristics to the extreme,and improve the efficiency of commodity trading in every commercial field.The form contract has been widely applied along with the development of economy and society,and is also known by more and more people.The format contract has been gradually improving to a broader commercial area,and even playing an irreplaceable role in international trade.Although some jurists hold a severe critical attitude to the formatting terms,the conveniences they bring to the commodity exchange are undeniable,and its existence is the inevitable requirement of economic development.Therefore,the development of economy and society determines the inevitability of standard clauses.But at the same time,it is not perfect,it brings convenience to social life,but it also has some shortcomings.Nowadays,formatting clauses have been widely used in all fields of economic life because of their distinctive features and functional advantages.Especially in the field of insurance industry,it has become a practice to conclude insurance contracts with formatting clauses.As a result of the very typical characteristics of its prior quasi qualitative and appending nature,as the policymaker of the insurance format,all the insurance institutions will basically exclude and restrict the interests of the insurer in terms of their relative superiority in terms of their own advantages,thereby damaging the freedom of the contract and the fairness of both parties.It is necessary for us to regulate the insurance format reasonably so as to balance the interests of the parties in the contracting parties,to seek benefits and avoid harm,and to ensure the healthy development of the insurance industry.Based on the introduction of the concept and characteristics of the insurance format clauses,this paper makes an in-depth analysis of the value and malpractice of the insurance format clauses.From the regulation of the insurance format clauses,this paper expounds the drawbacks of the insurance law in the regulation of the insurance format clauses and the application of the principle of non profit interpretation in the judicial practice.The problem.In the end,the article introduces some suggestions on the reasonable limitation of the insurance contract terms,expounds the identification and comprehensive governance of the insurance format clauses,and analyzes the dilemma of the regulation of the insurance format clauses from the angle of protecting the interests of the insurance consumers,and how to carry out the clauses in the legislation,the law,the administrative supervision and the insurance format.Comprehensive governance,in order to effectively regulate insurance clauses.