| 英文摘要 |
Policyholders’duty of disclosure is not only the basis for maintaining the effective operation of the insurance system, but also one of the biggest stimulations for the increasing insurance law suits. This article aims to re-examine the appropriateness of policyholders’duty of disclosure in the context of strengthening consumer protection with comparative law and empirical studies. Through statistical analysis of relevant judicial decisions, this article explores the trend of judgments and the intensity of consumer protection, clarifies controversial issues such as imputation elements and legal consequences, and proposes explanations and suggestions for amendments. The result shows that, on the whole, China’s judicial decisions have a higher degree of consumer protection. This is similar to the result of comparative studies which is the trend of strengthening consumer protection in various countries. In terms of specific rules, more attention shall be drawn to restrict bad-faith consumers from enjoying the additional protection while strengthening the protection of good-faith consumers. For example, the rule of causality may be revised to avoid disproportionately favorable judgment for consumers. However, in case of consumer protection, the rules of premium refunds, criteria on important facts can still be considered for revision in the future. The findings of this paper also can echo with researches conducted in Taiwan. Finally, this paper provides legislative proposal for China and Taiwan’s insurance laws. |
