Research on the legal issues of obligation of telling the truth in China’s insurance law
中国保险法如实告知义务的法律问题研究

摘要

《中华人民共和国保险法》自1995年颁布并开始实施，2013年，中国最高人民法院出台《保险法司法解释（二）》，对如实告知的内容、范围以及保险人解除合同和拒赔的条件作了进一步细化规定。尽管立法和司法解释对如实告知义务不断完善，但在司法实践中仍存在诸多亟待厘清的问题，包括但不限于：告知义务主体的认定标准、告知范围与“足以影响”认定标准不明确、保险人询问方式与明确性要求不足、保险人针对违反告知义务行为的救济方式是否仅限于合同解除权等。本文深入研究中国保险法如实告知义务，以期为中国保险法理论发展和保险市场实践提供有益参考，促进中国保险市场的健康发展。

Abstract

The Insurance Law of the People’s Republic of China was promulgated in 1995 and has been in force since then. In 2013, the Supreme People’s Court of the People’s Republic of China issued the Judicial Interpretation of the Insurance Law (II), which further detailed the content and scope of the duty of telling the truth, as well as the conditions under which the insurer may rescind the contract and refuse to pay compensation. Although the legislation and judicial interpretation of the duty to inform truthfully have been continuously improved, there are still a number of issues that need to be clarified in judicial practice, including but not limited to: the criteria for determining the subject of the duty to tell the truth, the scope of the information and the determination of the criteria for determining the ‘sufficient influence’ are not clear, the way of questioning by the insurer is not sufficiently clear, whether the insurer’s remedies against the violation of the duty to inform are limited to the right to terminate the contract, and so on. This article examines the obligation of telling the truth in Chinese insurance law with a view to providing useful references for the theoretical development of Chinese insurance law and the practice of the insurance market, and promoting the healthy development of the Chinese insurance market.