The Research Of A Comparative Study Of The Duty Of Disclosure In The Insurance Law Of China And Japan

In insurance law there is a system which is both old and essential.It is the duty of disclosure and it plays an essential role in the insurance law.It is directly related to two basic principles of insurance law.That is “the utmost good faith” principle and “consideration and balance” principle.In the Insurance Law it has a pivotal position.Great importance is attached to perfecting the duty of disclosure in the theory of insurance law and the important subject in the process of the rule of law in insurance law.In the Chinese insurance market,most of unfair transactions,nonintegral behavior,false claims and other difficult situation are closely connected to the duty of disclosure.In the field of judicial practice,cases of insurance fraud and deceit by the insured accounted for the clear majority.In both theory and practice,the duty of disclosure maintains of great importance.In the paper,the system of disclosure obligation in insurance law of Japan and China is deeply analyzed from the perspective of comparative methods.Through the research of the concept and legal basis of the duty of disclosure,the paper focuses on comparative analysis of the two countries.In brief,it focuses on the main body of the duty of disclosure which is to inform the insurance system,constitute its elements,introduce important matters,methods of performance and the right to terminate a contract.The purpose of this paper is to make a thorough comparative analysis,and put forward rational suggestions for the improvement of the system as well as relevant legislation in China's Insurance Law.Through these measures,the insurance industry in China will continue developing under the protection of law.The paper consists of four chapters.In the first chapter,using the historical research method,it analyzes the origin,the concept,the legal basis and the legal nature of the system of the duty of disclosure.The second chapter mainly elaborates the content of the two countries in the terms of the duty of disclosure.By comparing the two,the paper proceeds to find and sort out the differences and evolution trend of Chinese and Japanese insurance legislation.The third chapter uses the comparative research method to compare the different elements of the duty of disclosure in the two respective countries.It contains systematic analysis and comparison of the main body of the duty of disclosure,it also focuses on the time and way of performing,the subjective and objective elements during infringement,and the definition of the legal consequences.This chapter makes use of comparative methods to study the importance of the duty of disclosure of the insurance law in Japan and China.In addition,this chapter puts forward the author's own viewpoint and opinion and presents related theories of the insurance law in China and Japan as a basis to ensue comparative analysis and evaluation.The fourth chapter summarizes and reveals the deficiencies and insufficiencies of China's current insurance law system.Concurrently,it also presents suggestions of improvement and revision to the duty of disclosure in China's Insurance Law.Proposes suggestions as follow: Expansion of main body,limited the asked way,increase of the forbids the counter-word provision.