The Disposal Of The Rights And Interests Of Life Insurance In The Divided Property Of Divorced Couples

With the development of economy,the groups who come into contact with the insurance are continuously grouping.More and more people are willing to purchase a large amount of life insurance for their families and enjoy the security and benefits brought by the life insurance.At the same time,however,the divorce rate in China has also been spiraling upwards in recent years.As a result,the number of disputes concerning how to divide the rights and interests of the life insurance in divorce has also started to surge.How to divide the rights and interests of the life insurance during the marriage is divided upon its termination by divorce,nevertheless,our country's current marriage law and insurance law and its judicial interpretations have not clearly defined so far.There is still in a blank state and the issue is becoming increasingly prominent.Therefore,this paper tries to investigate the specific measures of the judicial practice,based on systematical analysis for the 100 pieces of judicial adjudicative documents concerning the division of the rights and interests of the life insurance at the time of divorce.Through finding the loopholes in practice to feedback the theory research,hope to improve the link between our country's marriage law and insurance law and promote the stable development of the insurance industry.The first chapter describes the relationship between the rights and interests of the personal insurance and the jointly owned property.The author believes that the rights and interests of the personal insurance refer to the sum of the rights and benefits of economic value enjoyed by insurance principals in personal insurance,which is different from the legally recognized benefits of the personal insurance interest.The statutory matrimonial property system adopted by Chinese Marriage Law is a joint property system derived from marriage.Therefore,whether the rights and interests of the personal insurance are attributed to the joint property,the author believes that the three elements must be defined in terms of time,subject,and source.The second chapter is the judicial practice of divorcing the property of the couple involving the disposal of the rights and interests of the personal insurance.In the current judicial practice,the following judicial rules have been formed:the rights and interests of the personal insurance belong to the category of property division;the insurance policy is vested in the insured and the other spouse is compensated;the rights and interests of the personal insurance are not treated as the joint property when the insured or the beneficiary is the third person.The third chapter puts forward suggestions on how to perfect the disposition of the rights and interests of personal insurance involved in divorce.The following basic principles should be followed when dealing with the rights and interests of the personal insurance involved in divorce:the principle of party autonomy,principle of division based on the insured person,to protect the rights and interests of children and take care of the spouse in weak position,and to maintain the contract as much as possible.The personal insurance compensation obtained in marriage should belong to the personal property.With regard to the life insurance contract which is still within the insurance period at the time of divorce,the insurance policy belongs to the insured and half of the insurance cash value should be given to the other party.When a spouse insures a third party other than his or her spouse,this insurance should be regarded as a gift to an outsider.In the end,this article tries to solve the act of insuring for oneself with the joint property of the spouse without permission by restricting the scope of beneficiaries.