The Obligation System Of Insurers In China Research On Perfection

In 2014,the State Council issued opinions on speeding up the Development of Modern Insurance Service Industry,the revision of Insurance Law and the promulgation of judicial interpretation,which promoted the rapid development of insurance service industry.As a typical format clause contract,the insurance contract has the characteristics of stereotyping and non-negotiation,which determines that the insurer often considers the interests of his own when formulating and explaining the format clause,which leads to the imbalance of the rights and obligations of both parties to the contract.In addition,the legislative omission of Article 17 of the Insurance Law makes the legislative system of obligation of explanation fail to protect the interests of the insured.In 2014,the State Council issued opinions on speeding up the Development of Modern Insurance Service Industry,the revision of Insurance Law and the promulgation of judicial interpretation,which promoted the rapid development of insurance service industry.As a typical format clause contract,the insurance contract has the characteristics of stereotyping and non-negotiation,which determines that the insurer often considers the interests of his own when formulating and explaining the format clause,which leads to the imbalance of the rights and obligations of both parties to the contract.In addition,the legislative omission of Article 17 of the Insurance Law makes the legislative system of obligation of explanation fail to protect the interests of the insured.In the promotion of national policy and the implementation of the Insurance Law and judicial interpretation,the insurance service industry has developed rapidly,but the insurer's obligation to explain has also exposed some problems in the practice of the system.Part of the exposure of the problem comes from the omission of legislation,such as the narrow object of explanation,the unreasonable way of explanation,the lack of unity of standard,the unclear legal consequences,etc.;there are also criticisms of institutional practice,such as the insurer makes use of the difference of contract status,when formulating the terms of insurance contract and performing the obligation of explanation,selectively sets up the contents of the relevant provisions,resulting in unfair results of the obligation of explanation.To change the current situation of the implementation of the obligation of explanation of the insurer and the omission of legislation,we should combine the current system practice of the obligation of explanation of the insurer in our country.Taking whether or not to affect the insurable interest as the core,the scope of insurance accident,insurance cost and insurance compensation and other rights and obligations,quasi-rights and obligations and procedural provisions are defined as the scope;in the way of performance,the combination of written form,oral form and other forms,the combination of "active statement" and "passive statement";In the performance standard,the substantive judgment standard is adopted,which requires the policy holder to fully understand the clause of exemption from the liability of the insurer;in terms of legal consequences,exemption from the liability of the insurer;in terms of legal consequences,exemption from liability of the insurer.The effect of the clause of responsibility is different from that of other articles.