2009年10月1日,新《保险法》正式生效。随着新保险法的深入实施,实践与理论的冲突也不断显现。重大疾病险种是否适用两年不可抗辩在理论和实务中尚存争议。本文通过分析重大疾病条款以及不可抗辩条款,探析它们之间的关系。不可抗辩条款又称不可争条款,是指人寿保险合同生效一定时期之后,就成为不可争议的文件,保险人不能再以投保人在投保时违反最大诚信原则、没有履行如实告知义务而主张保险合同无效从而拒绝承担 October 1, 2009, the new “Insurance Law” came into force. With the in-depth implementation of the new insurance law, conflicts between practice and theory have also emerged. It is controversial in theory and practice whether or not the application of major disease insurance programs is irresistible for two years. This article explores the relationship between them by analyzing the terms of major illness and the irrefutable clauses. Irresistible clauses, also known as non-negotiable clauses, mean that after the life insurance contract takes effect for a certain period of time, it becomes an indisputable document. The insurer can no longer claim the insurance contract if the insured violates the principle of utmost good faith when insuring the insurance and fails to fulfill the obligation of truthful disclosure Invalid and thus refuse to bear