Preliminary Study On The Different Judgments On Similar Cases In The China Incontestable Clause

According to the data of the China Banking Regulatory Commission,in 2019 China’s original insurance premium income was 426.5 billion yuan,a year-on-year increase of 12.17%.The number of new insurance policies was 49.5 billion,a year –on-year increase of 70.5%.The average premium rate from 2014 to 2019 was 18.45 %.In addition,with the rapid development of China’s insurance industry,data from the Swiss Re Institute shows that China’s insurance depth has increased from 2.9% in 2011 to 4.2% in 2018,and the proportion of premium income in GDP has continued to rise.At the same time,the insurance market is still not standardized and has not changed the way of extensive operation,leading to problems such as misleading sales and difficulty in claim settlement.With the improvement of public legal awareness,insurance contract disputes have become "regular customers" in judicial trials of civil and commercial affairs.Especially the controvesial insurance incontestable clause,the litigation disputes caused by this clause are numerous.Due to the lack of standardized adjudication rules,are difficult to achieve the uniformity of judicial adjudication standards,and thus have become the field in which judges exert their judicial discretion to the maximum extent,which easily breeds judicial injustices such as different judgments on the same case.In the jud icial practice of the insurance incontestable clause,the phenomenon of different judgments on similar cases will affect the authority of insurance law,damage the legitimate interests of insurance companies and insurance consumers,and is not conducive to the stable and orderly development of the entire insurance industry.Therefore,it is necessary to reveal the true status quo of the case of different cases in the same case of the insurance incontestable clause,explore the special cause of the different judgments on similar cases,and put forward effective suggestions to alleviate the phenomenon.With the rapid development of the Internet,China’s judicial activities are becoming more and more open and transparent.In order to effectively enhance the transparency of judicial work,on November 5,2016,the "Report on Deepening Judicial Openness and Promoting Judicial Justice" of the Supreme People’s Court called for innovative judicial publicity vehicles and speeding up "openness of trial proceses,disclosure of adjudication documents,and disclosure of enforcement information" Three major judicial open platforms.Among them,the platform for "opening of referee documents" is increasingly mature relying on the continuous development of the Chinese referee document network.The high availability and low cost of Chinese judgment documents make it an important tool for scholars to study judicial phenomena.Relying on the judgment documents,extracting and analyzing the key content of it has become a research trend in the field of insurance justice.This article uses the judgment documents published on the Internet as a tool,and uses theoretical literature research,case analysis,and comparative analysis.First,based on the basic concept,the recognition theory of different judgments on similar cases t is selected to determine the recognition criteria.Clarify the concept of an incontestable clause,and understand its development path,scope of application,and legislative practice.The "different judgments" mechanism for incontestable clause is determined based on the identification criteria.Secondly,we obtained cases of incontestable clause from the Chinese Judgment Documents Network,and selected "similar cases" cases according to the theory of case identification,and analyzed the status and characteristics of the cases from multiple perspecives,such as the policyholder party,the insurer,and the court.Then,the identification criteria of the different judgments are determined,and the causes of the different judgments on the same case are summarized by comparing the characteristics of the different judgment cases and the nondifferent judgment cases.Finally,in view of the special cause,determine the solution and propose specific solutions from the legislative,judicial,insurer and other levels.In the end,it will contribute to the promotion of justice in the insurance industry and the healthy and stable development of the insurance industry.The author divides this article into five parts.The first part is "Introduction".Under the background of the intensification of insurance litigation disputes,the research significance and purpose of this article are affirmed.By collating and summarizing the domestic and foreign literature,the deficiencies of the current research status are clarified.Based on the existing research,the research ideas and research methods of this article,as well as the research innovation points are discussed.The second part is "Related Concepts and Theoretical Basis",which respectively elaborates the concepts of different judgments on the same case and incontestable clause,and the recognition mechanism in the incontestable clause."Related overview of different judgments on similar cases " includes the definition of different judgment on similar cases,identification,and negative consequences.The purpose is to clarify the concept,and select the criteria for it.Lay a theoretical founda tion for the analysis of the different judgments on similar cases later."Introduction to the incontestable clause of insurance",introduces the content,path,scope of application and legislative practice of the incontestable clause.By clarifying the meaning and development process of this clauses,a comprehensive understanding of incontestable clause is formed."Identification of different judgments on similar cases of incon tes table clause ".In terms of content,it determines the identification mechanism of different judgments on similar cases in the incontestable clause.Structurally,following the first part of the same case identification theory,open the third chapter below,and apply the case data to the identification mechanism.The third part is "Characteristics and Cause Analysis of Different Cases on the Similar Case in Insurance Incontestable Clause".This part is the focus and difficulty of this article.First,guarantee the authority of the source of judicial data,process the case data in accordance with the "similar case" identification standard,and perform it’s statistics.Secondly,based on the data of the same case,from the perspective of the policyholder party,the insurer and the court,the characteristic factors were selected to summarize the characteristics of the similar case of the insurance incontestable clause.Then,the judgment results of the same cases of irrefutable clauses are classified to determine the identification criteria of dissenting judgments in this paper.Finally,compare and analyze the characteristic factors of the different judgments cases and the nondifferent judgments cases,understand the difference,and explore the special cause of the phenomenon.The fourth part is "The Solution of Different Cases on the Similar Case in Insurance Incontestable Clause." According to the characteristics and causes of the case data,proposes a dual solution thinking,it starts with reducing the insurance incontestable clause litigation disputes and reducing the different judgments on similar cas es in litigation disputes,and proposes specific resolution measures from the legislative,the judicial,the insurer and supervisory agencies.The fifth part is "Conclusion".It is a summary of the full text,reorganizing the research ideas of this article,affirming the research value,displaying the research results,and acknowledging the lack of research.Finally,the future research directions are prospected,with a view to promoting the further development of the field.There three innovations in this article.First,the research objects is innovative.This is the first attempt to understand the true status of the judgments on similar cases,which makes up for the research gap in the field of insurance.Sencond,the research level is innovative.This thesis combines theory with pracice,and applies the identification theory to a large number of judicial cases,and screns the similar case and the different judgment cases.It has got rid of the shortcoming of different judgments on similar cases and insurance incontestable clause that are limited to theoretical research.The opinions of the article are supplemented by data,which improves the credibility and persuasiveness of the research.The third innovation is the research value.This article explores the phenomenon of different judgments on similar cases in China insurance incontestable clause,and has three research contributions.(1)A bold attempt to use theoretical cases in theory;(2)Revealing the phenomenon of the different judgments on similar cases;(3)Analyze the causes of the phenomenon in accordance with the case,and propose effective advice.