Transparency in the Insurance Contract Law of China

  • Zhen JingEmail author
Part of the AIDA Europe Research Series on Insurance Law and Regulation book series (ERSILR, volume 2)


Transparency is an important concept in insurance law. An insurance contract must be made transparent to the parties of the contract because of its special nature of management of risks. The component and standard of transparency vary at different stage during the lifetime of an insurance contract. This chapter is concerned with the requirement of transparency under Chinese Insurance Law. It critically examines the legal rules relating to the requirement of transparency on the parts of the insureds, the insurers and the insurance intermediaries throughout the lifetime of an insurance contract from the stage of entering into the contract, the currency of the insurance period, to the stage of making and settling claims.


  1. Birds J, Lynch B, Milnes S (2012) Macgillivray on insurance law, 12th edn. Sweet & Maxwell, para. 17-023Google Scholar
  2. Clarke M (2009) The law of insurance contracts, 6th edn. Informa, para. 19.1AGoogle Scholar
  3. Han WH (2013) Judicial Interpretations on Chinese Insurance Act 2009 from its highest court. J BILA 126:189Google Scholar
  4. Jing Z (2006) Insured duty of disclosure and test of materiality in marine and non-marine insurance laws in China. J Bus Law, 681 and 688Google Scholar
  5. Jing Z (2013) The insured’s post-contract duty of notification of increase of risk: a comparative perspective. J Bus Law, 842 and 847Google Scholar
  6. Jing Z (2015) The insurer’s primary obligation to pay valid claims in a timely manner. J Bus Law, 37–67Google Scholar
  7. Jing Z (2017a) Chinese insurance contracts: law and practice, 1st edn. Informa Law from Routledge, p 291Google Scholar
  8. Jing Z (2017b) Remedies for breach of the pre-contract duty of disclosure in Chinese insurance law. Connecticut Insur Law J 22(2):327–348Google Scholar
  9. Jing Z, Jiang TY (2016) The latest development of the insurance law in life insurance in China. J BILA 129:76–105Google Scholar
  10. Jing Z, Zhong M (2016) Incontestability provisions in insurance law and policies. J Bus Law, 253–288Google Scholar
  11. Liu ZY (2012) Life insurance law and practice. Law Press China, p 163Google Scholar
  12. Merkin R (2016) Colinvaux’s law of insurance, 11th edn. Sweet & Maxwell, para 7-073Google Scholar
  13. Pynt G (2015) Australian insurance law: a first reference, 3rd edn. LexisNexis Butterworths, para. 8.9Google Scholar
  14. Xi XM (2010) Understanding and application of the provisions in relation to insurance contracts of the insurance law of the People’s Republic of China. China Legal Publishing House, p 107Google Scholar
  15. Xi XM (2014) Understanding and application of the Supreme People’s Court second interpretation on certain questions concerning the application of the insurance law of the Peoples’ Republic of China. The People’s Court Press, China, pp 107, 171 and 276Google Scholar
  16. Xie X (2012) A hundred insurance cases. Law Press, p 143Google Scholar

Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  1. 1.Bangor UniversityBangorUK

Personalised recommendations