除外责任是保险合同的核心条款,对保险人和受益人的影响至关重要。合同约定的除外责任是当事人控制风险,分配权、责、利的工具;法定的除外责任则是国家平衡保险合同各方当事人利益、使社会和谐有序的手段。因此,除外责任是实现公平的平衡器。原则上,当事人对除外责任有约定的, Exclusion of liability is the core clause of the insurance contract, the insurer and the beneficiary is essential. The exception liability stipulated in the contract is a tool for the parties to control the risks, distribution rights, responsibilities and interests. The statutory exception liability is the means by which the state balances the interests of all parties to an insurance contract and makes the society harmonious and orderly. Therefore, the exception to the responsibility is to achieve a fair balancer. In principle, the parties to the exclusion of responsibility agreed,