On The Instructions Of The Insurer Obligation System

The insurer explanation obligation refers to the insurer in the insurance contract process, shall perform in accordance with the law,and state clearly the insurance contract terms, the professional terms and related documents to the applicant so that the insured can accurately understand the legal obligation of contract of their rights and obligations. Due to the highly professional, technical insurance activities, insurance contract format terms of the contract. The characteristics of insurance contract format, make the insured in the contract in the information vulnerable. The establishment and perfect of the system, is of great significance to protect the interests of the insured, ensure the realization of the principle of utmost good faith, perfect the legal system of insurance and promote the healthy development of the insurance industry. China’s compulsory insurance system has been basically established, but there are still many imperfections. Msftiy basic problems have not been clear, even in the legal blank, and the description of obligations has great flexibility and uncertainty.More and more disputes arising from the issue of performance of the obligations of the insurer, has affected the healthy development of the insurance market transaction order and the insurance industry as a whole. The author elaborates the domestic and foreign development of insurer explanation obligation, which can be analyzed for reference,and discusses the description should follow the ideas of constructing the system of duty, hoping to provide some reference for legislation. This paper mainly includes five aspects:The first part is the introduction. This part briefly introduces the background and the research value of this article, also summarizes the research status at home and abroad.The second part is the basic theory of the Chinese insurer explanation obligation. This part in detail elaborates the characteristics of our country insurance obligation and difference between the relevant obligations, in addition, this part also focus on the introduction of the legal basis of our country insurer explanation obligation. The third part is legal obligation of the insurer of the civil law countries and Taiwan region of China.Through the comparative analysis of legal provisions of Germany, France, Japan and Taiwan of China Insurance, which can be used for reference to absorb the advantages,this part will lay a good foundation for the following suggestions of legislation.The fourth part are the current legal provisions, the concrete application and the general theory of the duty. This part first makes a simple review of the legal obligations of insurers in China, and then through the analysis of specific cases, indicating the existence of the current legislation in China.Finally,China’s insurer description obligations content, the way of performing legal responsibility, the person of fulfilling the subject, the standard of performance and the duty of violating this obligation are described in detail.The fifth part is improving the compulsory iaw of China’s insurer description obligations.This part firstly analyzes the shortcomings of legal provisions of insurer description obligations, then aiming at these problems, put forward my own suggestions.