关键词: 商事惯例, 保险法, 最大诚信原则, 责任保险, 免责条款

Abstract: In China，the creation of insurance exemption clause is the reflection of trading convention contract and it is also accepted by the traditional insurance legislation. The rising of the theory about “socialization of private law autonomy” has profoundly impacted modern insurance industry，and the relevant theory of insurance exemption clause is called into question. In the liability insurance contract，the shortcoming of insurer’s abuse of disclaimer to shift performance responsibility has been attached importance to. Therefore，it is necessary to seek judicial review for liability insurance exemption clauses，which should be guided by the principle of rebuilding the utmost good faith. “Unfair prejudice” and “inappropriate imbalance” should be taken as two concrete elements for the principle of utmost good faith within insurance law in identifing the effectiveness of exemption clauses of liability insurance.

Key words: trading convention, insurance law, principle of utmost good faith, liability insurance, exemption clause