Study On The Protection Of Policyholder's Information Right In The Insurance Contract

China's insurance industry is now in a period of rapid development,insurance has gradually gone into all areas of social life.However,with the strong development of the insurance industry,the insurance disputes caused by asymmetric information are also increasing dramatically.The protection of the policyholder is mainly by stipulating the insurer's obligation to explain the insurance format clauses,as well as the obligation to prompt and clarify the exemption clauses.These provisions play an important role in protecting the policyholder's right.However,in judicial practice,the insurer's reminder and explicit obligation have gone to extremes,which is not conducive to the healthy development of insurance industry,and ultimately damages the legitimate rights and interests of the insured.Strengthening the protection of the rights and interests of the insured,especially the right to know,is the trend of the development.Therefore,it is necessary to improve the protection measures of the insured's right in our country.We should take measures to build a systematic protection system of the insured's right from the aspects of pre-prevention and post-relief.In order to protect the insured's right,it is necessary to clarify the obligation of consultation and suggestion between the insurer and the agent,the insured's obligation,and to allow the insured to have a reasonable period of calm observation after the insurance contract;when the insured's right is infringed,the insured should be given the right of rescission and the right of claim for damages to relieve himself.Only by constructing a systematic,hierarchical and proportionate protection system,can we ensure that the insurance meets the needs applicants,and can we give full play to the role of insurance as an important risk-sharing mechanism.