The Research On The Exemption Clauses In Insurance Contract

Because of various uncertain risks in nature and our society,people use insurance to manage risks and disperse losses caused by risks.As an important part of the social security system,insurance plays an important role in improving the social security system.In recent years,China's insurance industry has developed at a high speed.By the end of 2018,China's property insurance company's premium income was about 1,175.569 billion yuan,and personal insurance company's premium income was about 2.6265 billion yuan.The insurance company's total premium income reached 380.162 billion yuan.People use insurance to spread the losses caused by risks and control risks.(1)However,the rapid development of the insurance industry has brought about a large number of insurance disputes.The phenomenon of “ It is easy to buy insurance but difficult to make claims” has occurred frequently,which has seriously affected the public's trust in insurance companies.The reason for this phenomenon is mainly due to the insurance contract exemption clause adopted by the insurance company.In order to pursue the convenience and efficiency of commercial transactions and reduce transaction costs,and insurance contracts provided to insurance consumers are mostly in the form of format contracts.The insurance contract exemption clause is an important part of the insurance format contract,it has the positive effects of balancing the interests of both parties and preventing moral hazard.At the same time,in practice,there are also insurers who use the exemption clauses to aggravate the obligations of insurance counterparts and exempt their own responsibilities,thus damaging the legitimate rights and interests of insurance consumers.In order to protect the legitimate rights and interests of the insurance counterparts in a weak position,China has gradually strengthened the legal regulation of the insurance contract exemption clause.China's "Insurance Law" stipulates the insurer's obligation to inform and explain the contents of the format clause when entering into an insurance contract,exempting the insurer from fulfilling its obligations,increasing the liability of the insurance counterparty or excluding the rights of the insurance counterparty are invalid.The judicial interpretation of the Insurance Law also makes a more detailed regulation of the application and determination of the specific conditions of the insurance contract exemption clause.However,at present,there are still many problems in the legal norms of the insurance contract exemption clauses in China.For example,the definition of meaning is unclear,and the provisions on the subject of notification and explanation of obligations are unclear.Also there are a large number of incorrect uses of exemption clauses in the judicial practice.Therefore,how to improve the legislative status of China's insurance contract exemption clauses and strengthen the judicial regulation and administrative supervision has become the research direction of scholars Based on the definition of the exemption clause of insurance contract,this paper has started an in-depth analysis of it,and analyzed the necessity of its regulation,and cited a large number of judicial cases to empirically analyze the current judicial application of the exemption clause.Furthermore,it concluded that it is necessary to improve the legal regulation of the insurance contract exemption clause from three aspects: legislation,judicial and administrative supervision.In legislation,it is necessary to clarify the definition of the exemption clause of the insurance contract,improve the relevant provisions of the obligations to inform and explain clearly,and at the same time introduce the contract hesitation period system to ensure that the insurance consumers' right to know is respected and maintained.Judicially,it is necessary to standardize the exercise of the discretion of judges,strengthen the role of judges in the middle position and take into account the legitimate interests of the insured,and improve the judges' understanding of the application of the rules of exemption clauses,and provide more accurate guidance for insurance practice.In terms of administrative supervision,it is possible to give the regulatory authorities a clearer and more specific regulatory responsibility,and to strengthen the provisions for the legal consequences and responsibilities of violations of the provision...