The Performance Improvement Of The Insurer's Explanation Obligation

Insurance industry plays a more and more important role in the current situation of our country, and the insurer's explanation obligation is the foundation of the insurance industry's reasonable operation system, this system requires the insurers to perform the obligation of disclosing the information when concluding the insurance contract. Our country's new "insurance law" makes some changes in the requirements of the insurer's explanation obligation, among them for general format terms, the requirement is illustration, and for duty exemption clause, the insurer will need to make tips and Clear illustration. For more than a year to look at its implementation effect, it is not ideal, the insurer practices did not change much, the insurer does not properly perform the explanation obligation, and the policy-holders are forced to accept the disclaimer statement content, the insurers frequently loses a lawsuit because of can't provide evidence. All above the problems are very seriously. Based on the theory with practice, being to the healthy and orderly development of the insurance market as a goal, this article does the related research of the insurer's explanation obligation and makes the relative suggestions in hope of improving the insurer's explanation obligation performance and finally realizing its due system value.The first part is based on the insurer explanation obligation of legal theory and reality, thinking format contract, contract accord and aleatory contract as legal basis. Protecting policy-holder's interests, trading information asymmetry and the insurer is in a powerful position is its realistic foundation.The second part mainly collectes the related legal obligations origin of our country and abroad, and using comparative method, especially analyzes insurer explanation obligation legal origin deeply of our country, points out which is the current regulation effect not satisfied, such as the insurer loses a lawsuit because can't provide evidence, the way of illustration, standards,degree and so on.The third part is mainly based on the above problems, this paper puts forward some suggestions for improvement, establishes explanation obligation should achieve rational understanding of degree for an outsider, in practice should adopt the external appearance criteria when making judgments, puts forward that the effect way of obligation performance, and should exclude the explanation obligation for the absolution terms, establishes the examination mechanism of the responsibility, etc.The fourth part discusses the legal consequences while the insurer explanation obligation does not perform, and makes some analysis for the legal consequences when the exemption clause of liability and the general clause don't fulfill respectively, and make analysis for which the policy-holders have the different understandings, through this, wish to make the insurer explanation obligation performance play their due utility, realize the insurance system of ultimate goal.