Exemption Clauses Of Major Illness Insurance Contracts Explain Obligations Research

Heavy health products were introduced into China in 1995 and developed to date.Because of its high professional insurance and medical specialty,it does not match the general insurance regulation system stipulated by the insurance law.Compared with other insurance,the biggest difference of heavy health insurance lies in a large number of exemption clauses,showing the characteristics of many,miscellaneous and difficult,in which the insurer to explain the obligation as a typical.The key to solve the problem of adaptation of heavy health insurance and insurance law lies in the obligation to explain the exemption clause in the contract.The study of insurer's obligation has always been a hot spot in the field of insurance law,but most scholars take the general insurance contract as the research angle,and the heavy health insurance as the research object is less.For all kinds of viewpoints,the academic circles have the voice of opposition and support,which is reflected in the judicial practice,which shows that the judgment standard is different.Therefore,it is of great significance to analyze the obligation to explain the exemption clause in the contract.This article takes the explanation scope,the explanation way and the explanation degree three questions as the research angle,concrete as follows:The first chapter of this paper explains the practical basis of the obligation to explain the exemption clause of the major disease insurance contract,which consists of two parts.The first part introduces the current situation of the rule of law in the field of heavy disease insurance,which consists of two parts.The first is the present situation of legislation,this paper collates and analyzes the present situation of legislation in the field of heavy health risk,and arranges it in order of legal rank.The second is the current situation of the judiciary,the author according to the judgment documents network according to the specific search conditions to obtain 150 cases on serious illness disputes,on the basis of these cases collated and analyzed.Finally,the collected data are presented graphically and analyzed to summarize the judicial status of contract disputes.The second part,based on the introduction of the above-mentioned situation,analyzes and extracts three problems that arise in the performance of the obligation to explain the exemption clause of the major disease insurance contract,namely,the scope of the description of the obligation,the way of explanation and the scope of explanation.with a view to laying the foundation for the roll-out below.The second chapter of this paper takes the description scope of the heavy risk contract exemption clause as the research object,which consists of two parts.The first part is to raise the question of the current insurer's explanation obligation scope,points out the improper explanation scope,and puts forward the defect of the explanation scope mainly because it does not include the serious illness clause in the explanation scope.The second part puts forward the perfect measures to explain the scope of obligation,the core point is that the serious illness clause should be included in the scope of exemption clause.The third chapter of this paper takes the explanation way of the exemption clause of heavy risk contract as the research object,which consists of three parts.The first part is to raise the question of the current way of the insurer's obligation to explain,and points out the deficiency of the insurer's initiative to explain.The second part compares the relevant provisions of the Law on Elimination of Insurance(2013)and the Contract Law with the Insurance Law,and analyzes their advantages and disadvantages.The third part puts forward the perfect measures to explain the way of obligation fulfillment,the core point of view is the interactive reconstruction of active explanation and passive explanation.The fourth chapter of this paper takes the explanation degree of the exemption clause of heavy risk contract as the research object,which consists of three parts.The first part will explain the degree of academic views,relevant legal provisions and judicial practice in comparison,summed up the advantages and disadvantages.The second part analyzes the legal status of the degree of explanation,and puts forward that the performance of the obligation to explain the serious illness clause is based on the mutual agreement.The third part puts forward the perfect measures to explain the degree of obligation,the core point of view is that the judgment of the degree of obligation is based on the "general public standard ".