Some Issues Of The Duty Of Disclosure In Marine Insurance Of China

The duty of disclosure is the most important part of Marine insurance and an indispensable part of maritime law.In the case of opaque information,The duty of disclosure can protect the legitimate rights and interests of the insurer effectively,avoiding the occurrence of moral hazard and market failure,maintain the order of Marine insurance market along the direction of stability as well.After more than 20 years of social changes,the social background for the enactment of the maritime law no longer exists,and the content of the maritime law is gradually far away from the development of The Times.In particular,the legal provisions of Marine insurance disclosure obligation have been unable to meet the increasingly complex practice of Marine insurance,restricting the development of Marine insurance seriously.In order to improve the disclosure obligation of Marine insurance in China in a more scientific and reasonable way,the following problems should be studied in particular.First,the subject of disclosure obligation of Marine insurance notification should be studied.Through the comparison of relevant provisions at home and abroad,combined with cases in judicial practice,it is found that the subject of disclosure obligation of Marine insurance in China is missing.The second is the choice of the mode of notification obligation performance,namely the active notification system and the inquiry notification system.Due to the different sources of "maritime law" and "insurance law",the modes of notification obligation performance are inconsistent,and there is conflict between them,which causes some trouble to judicial practice.Third,the identification of "important situation" is not clear.First of all,whenjudging "important situation",who should be taken as the judge subject,there are various concepts such as "prudent insurer" and "rational policyholder".It is important circumstance produces to the underwriter next "influence",reach what kind of degree to just belong to influential limits after all,current "maritime law" did not make provision to this.The fourth is about the means of relief for the insured.China has always used the two means of canceling the contract and increasing the insurance premium.Nowdays,maritime insurance disputes are increasingly complex,the means of relief appear to be single and cannot be applied to different cases.Then,the author puts forward some suggestions on the shortcomings of the disclosure obligation of Marine insurance in China in the hope of contributing to the improvement of the disclosure obligation system in China.Finally,our country should increase the subject of the obligation to inform in this paper,not just limited to the policy-holder and the insured.In the field of Marine insurance disclosure obligation,it is advisable to unify a certain standard.For the judgment of important facts,it is advisable to adopt the decisive standard and the standard of rational policyholder.The remedy for breach of the obligation of notification should be changed from unitary to diversified,such as increasing proportional compensation system and distinguishing gross negligence from general negligence.