Empirical Research Of Insurance Standard Terms In Juridical Suitability

Insurance contract is an agreement between policyholders and insurers to agree the rights and obligations of insurance,one of the main features is a great deal use of standard terms.The standard terms in insurance contract is drawn up in advance by insurance company,and propose the trade terms for non-specific object which refers to policyholders and insurers in the process of singing contract,and without bilateral negotiation,in principle it's not allow policyholders or insurant to modify the content of the standard terms.Insurance contract can be used repeatedly which is also provided with typical standard terms.The fixedness of standard terms of insurance contract as a product of socio-economic development,the wide application of it has its inevitability that makes the trade of insurance contract more convenient,low-cost,and efficient and conforms to the market economy efficiency.Meanwhile,there are also have some drawbacks that great disparity of status among policyholders and insurers,in addition,the insurance contract they signed is drawn up in advance by insurer which provide great convenience for insurers to reduce self-responsibility,avoid legal risks and use their own advantages to maximize their benefits.Therefore,legislation for insurance especially laying down the specific provisions for regulating the standard terms of insurance in the law becomes anindispensable part in insurance law in all of the countries.Although some legal conditions in insurance law of china regulate the relevant contents about explaining obligation,invalid confirmation etc.and interpretations of the supreme people's court on certain issues concerning the application of the insurance law of china made a further specification,there still be a lot of problems in judicial practice such like confusing use of clause,unclear definition of law clause,differ in judge.Meanwhile,misuse of insurance standard term and legal dispute because of the insurance standard term come out thick and fast.It likes two-edged weapon which hurts consumers and also hurts insurance company as well.Based on the considerations of the aforementioned questions,this paper will focus on connecting with typical cases in practice and analysis from the following four chapters:The first chapter mainly introduces and analyses the basic situation of standard term of insurance contract,in which will illustrates its background,inherent merits and demerits,including connotation of the origin,superiority and disadvantage of insurance contract.The second chapter is about the typed analysis of application and judgement for standard term of Insurance contract.In this chapter,according to the cases gathered from the China Judgement online,the author will summarize and analyze the various cases in this chapter,including case overviews,such like do the classification and data statistics for the cases specimens.Then make a preliminary analyze based on those data.In addition,author will do the preliminary research on the problem of the general orientation showing in the judicial practice.In the third chapter,author main combine the typical cases,and on the basis of it,classify and analyze according to the specific problems.Then,analyze the conflict points of standard term in insurance contract's which exposed in the judicial application f the terms deeply.The forth chapter will focus on the several thoughts about regulation on the contents of standard term in insurance contract in our country.This chapter connect Development guidelines for insurance products which was published by the ChinaInsurance Regulatory Commission in 2016,and also quote relevant regulations from Israel,Germany and England,whose insurance law are more improved for comparing and learning.In the final,express the author's opinions about the regulations of standard term of Insurance contract.