Empirical Analysis Of Insurance Contracts In Performing The Judicial Disclosure

The importance of insurance in China's commercial activity has been increasing significantly but legal profession paid little attention to insurance industry.For now,the science of insurance law is still the weakness in commercial law.The duty of disclosure as the fundamental clause,without enough study by China's legal profession,should be urgently and researched.The background of the duty of disclosure is information asymmetry between applicant and insurer.The insurers,when they are facing the insured or applicant who come from various region and all walks of life,are unable to fully understand all details in the insurance contract,especially in personal insurance contract.Insurance subject,which has a closed relationship with their medical history,age and occupation,is the life and health of insure but very changeable.Because it is impossible and unnecessary for insurer to review all material matters in contract,the agreement between insurer and insured regarding the duty of disclosure is therefore the vital in the insurance process.However,the large amount of legal dispute with regard to the duty of disclosure,even with the law and regulation in the Law of Insurance Article 16,has revealed the deficiency and insufficiency of insurance related law.The research and study regarding the duty of disclosure can make sense to insist the core values,lowest common denominator and unify the judicial adjudication.Hence,defining the duty of disclosure in the perspective of judicial practice has greatsignificance to solve the problems in the judgment of insurance law,unify the effect of judgment and social impact in order to guide the insured and insured and reduce the unnecessary dispute and maximize social security function of insurance.The paper explain the duty of disclosure in practical by observing,summarizing and analyzing the empirical study of law of insurance,conclude the rule of disclosure on the basis of investigation,research.The paper ranked and selected more than 100 latest cases in chronological order by the key words,such as the duty of disclosure,physical examination,to make the comparative analysis.Also,the paper find the controversy in local counts and problems in judgments by summary and analysis.This paper is divided into four chapters and conducts the study by summarizing and concluding the problems on the duty of disclosure that focuses on the query approaches of insurers,the duty of statement,responsibility of the duty of disclosure,the scope of the duty of disclosure and the effect of physical examination on the duty of disclosure.