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自从改革开放恢复保险制度之后,我国的保险业获得了长足的发展,目前保险业已经深入到了人们生活的方方面面。然而,由于发展的不平衡,过多的追求利益,导致了人们的素质水平滞后于保险业的发展,由此带来了许多的问题,引起了广泛的争议。保险法明确规定投保人负有告知义务,保险人负有说明义务,然而投保人或者保险人常常出于种种目的,不讲诚信,不切实履行自己的义务,欺瞒对方,从中获取利益,使得投保人和保险人双方的关系非常的紧张,甚至常常将对方诉至法院。本文主要讲述的就是保险法中的告知义务和说明义务,在当前这种形势下形成的一种对立。
Since the policy of restoring the insurance system after the reform and opening up, the insurance industry in our country has made considerable progress. At present, the insurance industry has gone deep into all aspects of people’s lives. However, due to the unbalanced development and excessive pursuit of interests, people’s quality levels lag behind the development of the insurance industry. As a result, many problems have arisen, causing widespread controversy. The Insurance Law clearly stipulates that the insured person has the obligation of informing, and the insurer has the obligation to explain. However, the insured or the insurer often for various purposes, does not speak honest, does not fulfill their obligations, deceives each other, gains benefits from them, The relationship between the insured and the insurer is very tense and often prosecuted to the court. This article is mainly about the disclosure of the obligation of insurance and the obligation of explanation in the Insurance Law, which is the opposite of the current situation.