| Nowadays,there are standard terms in all fields of economic life,especially in the insurance industry,the use of standard terms is more common.The application of standard terms in insurance contract also has obvious disadvantages while saving transaction costs,such as violating the principle of autonomy of contract meaning and possibly damaging the principle of contract fairness and justice.It is precisely because of the inherent disadvantages of the standard terms that the state makes special adjustment to the standard terms of the insurance contract through legislation.However,due to the lack of clear and specific legal provisions,there are some problems in the judicial application of the standard rules of insurance contracts,especially the inconsistency between the standard rules in the Civil Code and the relevant provisions of the Insurance Law,which produces the confusion in the application of law.In view of this,in order to solve the problem of legal application of standard terms and rules of insurance contracts,this thesis uses literature research method,normative analysis,case analysis method and other research methods to write this thesis.In addition to the introduction,this thesis studies the rules of insurance contract from four parts:Part Ⅰ,it is mainly to explain the basic situation of the standard terms and its rules of the insurance contract.The concept of standard terms of insurance contract is explained,and its professional,technical,inclusiveness and strong supervision characteristics are emphasized.In terms of insurance contract format rules,first introduces the concept of insurance contract format terms rules,then because of the particularity of the existence of the insurance,the legal environment and the rapid development of the insurance industry laid the foundation of the insurance contract format rules,and the insurance contract format terms rules in the realization of interest equilibrium,the pursuit of substantial fairness and emphasize the value orientation of order value is expounded.Part Ⅱ,mainly illustrates the insurance contract standard terms rules of legislation and legal applicable status,the legislative status part includes the Civil Code of the People’s Republic of China,Insurance Law of the People’s Republic of China and its judicial interpretation,Law of the People’s Republic of China on the Protection of Consumers’ Rights and Interests and the notice documents of the China Banking and Insurance Regulatory Commission.The author analyzes the contents of the standard terms rules in the above laws and regulations,and classifies the cases of insurance contract disputes in judicial practice according to the different types of disputes and legal application,and then summarizes the characteristics of the legal application of insurance contract standard terms rules,that is,the legal application of the standard terms and rules of insurance contracts shows the diversification of the legal basis of the case judgment result,and the judgment content focuses on whether the insurer performs the obligation of explanation and the high losing rate of the insurer.Part Ⅲ,analyze the main problems existing in the application of legal rules of insurance contract format terms.First analyze the connection of legal application of standard clause rules of insurance contract after the implementation of the Civil Code.That is,the applicable connection between the general law and the special law,the new law and the old law.Next,this thesis introduce the application of law in the conclusion of rules of the contract making,effectiveness rules and interpretation rules,mainly to compare and analyze the differences between the corresponding provisions in the Civil Code and the Insurance Law.In respect to the rules of contract making main exempt insurer liability scope is difficult to identify,the insurer fulfill the obligations of the substantial standard is difficult to judge,in the effectiveness rules mainly in terms of insurance contract core payment clause scope is difficult to identify and the Civil Code provisions of the "rationality" judgment standard is not clear,in the interpretation rules mainly ignore the insurance contract format terms rules of "usually understand" and abuse of adverse interpretation rules.Part Ⅳ,put forward suggestions for the legal application of standard terms rules of insurance contract in China..First of all,put forward opinions on the connection of the rules of insurance contract in China.Secondly,in terms of the rules of the contract making,it is suggested to clarify the scope of the exemption clause,especially the "invisible exemption clause" in the insurance contract;the second is to elaborate the judgment standard for the insurer to perform the obligation of explanation.Thirdly,in terms of the effectiveness rules,it is suggested to clarify the judgment criteria of the core payment terms of the insurance contract,including the insurance premium and the scope of insurance liability,and analyze the review criteria of the "rationality" added by the Civil Code,including the judgment of "interest loss" and "unreasonable".Finally,in terms of interpretation rules,the "commonly understood" interpretation method in the standard terms of insurance contracts and the correct application of adverse interpretation rules in terms of applicable subject,scope of application and statutory terms are stated. |
