Scientific Development Research

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.

China’s Insurance law; Obligation of telling the truth; Legal issues