明确说明是保险人在订立合同时向投保人就免责条款的概念、内容及其法律后果进行提示并解释的一项法定义务。保险人履行明确说明义务是对投保人就免责条款知悉情况处于弱势地位的弥补,此亦为保险法最大诚信原则的体现。在保险实务中,保险人常常以免责条款的提示代替明确说明义务的履行。本文认为,基于保险行业通常采用格式合同缔约的惯例以及合同具有相对性的特征,明确说明义务的履行包括对免责条款进行提示的外观要件,以及对其进行清晰确定说明以使合同相对人达到清楚理解程度的实质要件。 Clarification is a statutory obligation for the insurer to suggest and explain to the insurer the concept, content and legal consequences of the exemption clause at the time of conclusion of the contract. The fulfillment by the insurer of a clearly stated obligation is a remedy to the underprivileged status of the insured against the fact that the clauses are disclaimed, and this is also the embodiment of the principle of maximum integrity of the insurance law. In the practice of insurance, the insurer often substitutes for the prompt of exemption clause to specify the performance of obligations. This paper argues that based on the common practice of contract contracting in the form of contracts in the insurance industry and the relative nature of contracts, it clearly states that the fulfillment of obligations includes the appearance requirements of the clauses of the exemption clauses and their clear identification so as to make the counterpart of the contract clear The essentials of understanding.