An Empirical Study On The Standard Of Obligation Performance In Article 17 Of The "Insurance Law"

The basis for the insurer’s description of the obligation is the format clause.The format clause was formulated by the insurer before the contract was established.In order to reduce or exempt certain legal liabilities,the format clause would damage the legal rights of the policyholder.In order to improve this problem as soon as possible,Article17 of the Insurance Law provides for the entry into force of the format clauses.The insurer must strictly perform the obligation to explain and meet the statutory performance standards for the format clauses to take effect.However,there are some problems in stating the obligations,such as the issue of inconsistencies in the performance of standards for obligations of insurers in judicial practice.From the perspective of the performance standards of the insurer’s obligations,the author summarizes the issues based on different judgment standards in judicial practice.This article uses theoretical and empirical research to analyze the above issues,starting from the theoretical development and legislative development of the insurer’s declaration obligation in China’s insurance law.Combined with the judgment of the insurance contract dispute involving the performance of the insurer’s declaration obligation,it will explain the obligation.Effective combination of theoretical and judicial practice,and elaborate recommendations to explain the standard of performance of obligations.In addition to the conclusion,this paper is mainly divided into three parts.Part one:an overview of the insurer’s stated obligations.First of all,the characteristics of explanatory obligation are analyzed,such as dependency,precontract and compulsion.Second,the obligation to explain the policy-holder and the insurer to solve the right to information is not equal to the problem.Thirdly,the explanation obligation strengthens the insurer’s compliance with the principle of maximum integrity.Finally,the author sorts out the development of the standard of stating the obligation of the insurer in our country,and divides it into the legislative development of the standard of stating the obligation of the insurer and the theoretical development of the standard of stating the obligation of the insurer.The second part:the analysis of the standard determination of the performance of the insurer’s stated obligation in judicial practice.Demonstrative obligation to perform the standard from the insurer,the justice of the reference network retrieval in the written judgment of "insurance law" article 17 case data,collected 110 cases of the judgment of the people’s courts,retrieving the demonstrative obligation to perform the standard to judge,will practice determined to fulfill the standard of the referee,summarized the reason,and find out the reasons for a detailed analysis on the corresponding with the judge.The third part:the insurer describes the perfect recommendations for fulfilling the obligations.In terms of legislation,the article 17 of the insurance law specifies the obligation,and the insurance contract hesitation system is included in the legal norms.In the judicial practice,the use of the principle of reasonable expectation should be strengthened,and the judicial evidence review should be strengthened.In terms of judicial practice,strengthen the use of the principle of reasonable expectation and strengthen the review of judicial evidence;in terms of the management of insurance supervision and management institutions,insurance institutions should strengthen the preservation of evidence,and it is recommended that insurance supervision institutions promulgate the Standardization Work Rules for the Formulation of Format Terms and Conditions,Increase the penalties for failure of insurance companies to perform their obligations.