论保险人调查义务

The Obligation of Investigation of the Insurer

我国保险法中缺少保险人调查义务的规定,增定保险人的调查义务具有立法层面的合理性和司法实践的必要性,对于平衡保险合同双方当事人的权利义务关系、实现保险合同的目的、减少合同纠纷、促进保险业发展具有重要意义。应当在保险法律中对调查义务相关问题予以明确,弥补我国保险法规范的空缺,促进保险法律制度的完善。

The obligation of investigation by insurer, which is not enacted in the insurance law in China, is reasonable in legislation and necessary in judicial practice. It is very important for this obligation to balance therights and duties of the parties of insurance contract, realize the aim of insurance contract, reduce disputes on the contract, and promote the development of insurance industry. Therefore, the obligation of investigation should be explicitly provided in insurance law to make up the inadequate of China’s insurance rules and perfect it.