A Study On Insurer's Obligation About Pointing Out And Interpreting Clauses

Insurance,as a means to fill losses and share risks,plays an indispensable role in protecting people's production and living and promoting the healthy development of the national economy.In the course of the conclusion of the insurance contract,the insurer bears the obligation to present to the other party the format clauses it has drawn up.The insurer's indication of the obligation plays a decisive role in balancing the information asymmetry between the parties to the insurance contract and protecting the legal rights of the insured and the insured.However,due to such factors as the rough design of the system and the profit-driven nature of the insurer,the formalization trend of this obligation becomes increasingly apparent in practice.It is impossible to fundamentally guarantee the information acquisition of policyholders and it is difficult to achieve their original legislative objectives.This paper theoretically combs the explanation obligation,points out that the explanation obligation should be based on the understanding of ordinary rational layman's standards.At the same time,it should take into account the individual differences of the insured person and make a typed exploration of the performance standard.Through the study of related cases in Hunan Province in the past two years,it has been found from the legislation,judicature,and insurer industry that there are problems in explaining the obligation.In legislation,the concept of law has been oversimplified,resulting in inconsistent performance standards and difficult legislative objectives.The insurer's fulfillment of the obligation to explain instructions has fallen into the form of evidence formalism.Judicial review is unfair and prompts to show that the instrumentality of the instrument is serious.It is manifested in the evasion of the judicial review and the performance standards for excessively exaggerating the prompts to explain the obligation;the insurer's contract design is unscientific,and multiple types of insurance are mixed together,which is not conducive to the attention of the insured.The exhibition industry procedures are not standardized,do not review the main body of the contract,and have not delivered a full insurance contract to the applicant.Finally,there are problems in explaining the obligation to explain,from the legislative,judicial,insurer and other aspects proposed solutions.In the legislation,the concept of "exempting the insurer from liability clause" was clearly defined and incorporated into the law,and the insurer's explanation of the general terms was predominantly passive in order to distinguish between the exemption clauses.To this end,it has tried to re-define Article 17 of the Insurance Law;it has typed the criteria for indicating the obligation under different scenarios and suggested that it should be legislated as soon as possible.In order to ensure that the explanations indicate that the obligation is not in the form,and draw lessons from the overseas reasonable expectation principle and calm observation period system,it is clear that the premise of reasonable expectation is the understanding standard of rational laymen,and the principle of reasonable expectation becomes Damocoil hanging over the insurer.The sword of Reese;improved calm observation period system,due to the general legal consciousness of policyholders is not strong,the Chinese passive personality characteristics of introverted,proposed cool observation period can not give up and the applicant took the initiative to request confirmation of the contract to make the contract effective.Judicial review must also abandon the idea of “helping the weak”,emphasize the openness of the trial procedure and strengthen the arguments of the referee,and reduce the space for hints to explain the instrumentality of the obligation;finally,on the idea that the impact instructions indicate the fulfillment of obligations,it is proposed that the insurer should revise profits.The concept of supremacy and the strengthening of the awareness of honest business operations shall be implemented on the basis of safeguarding the legitimate rights and interests of the parties to the contract.Through analysis,this paper puts forward suggestions such as popular application terms and simple composition of insurance contract,so as to improve the form of insurance contract.In the industry process,the insurer should ensure that the contract body is qualified and the contract is fully served.