Research On Judicial Application Of The Principle Of Good Faith In Property Insurance In China

As the basic principle of China’s Insurance Law,the principle of good faith plays an irreplaceable role in solving the information asymmetry of insurance contract and promoting the healthy development of insurance industry.With the popularity of insurance,insurance contract dispute,all kinds of dishonest actions,the principle of good faith the judicial application of increasingly frequent.Due to the ambiguity and uncertainty of its denotation,the principle of good faith produces many disputes and divergences in the process of judicial application,which brings troubles to the court and the parties involved in the insurance contract.Based on our country’s legislation and judicial practice,this article studies the judicial application of the principle of good faith in property insurance,focusing on the application status of the principle of good faith at the macro level and the specific application of the principle of good faith at the micro level,and finds that it is in judicial practice The application of the principle of good faith and credibility tends to be random,the judgment standards of the insurant’s truthful notification obligation performance are inconsistent,the identification of the notification obligation of the increased risk is different,and the insurer prompts the issue that the obligation performance standard is not clear.On this basis,in combination with related legislation outside the territory,we can learn from the three aspects of improving the performance of the notification obligation and the judgment standard,clarifying the type of risk increase,and introducing the judgment standard of important matters.Finally,in view of the problems in the application of the principle of good faith in the judicial practice of property insurance,suggestions are made from a legislative perspective,that is,to correct the tendency of the arbitrariness of the principle of good faith,to clarify the judgment standards and methods of the insured’s truthful notification obligations,and to improve the insurance application The determination of the obligation of notification and the clarification of the obligation of the insurer to notify the insurer’s risk increase,with a view to better solving the application of the principle of good faith in property insurance.