Analysis On The Legal Issue Of Pledge Of Life Insurance Policy

Currently, The life insurance policy ( LIP) pledge has been already boomingly developed in our country. As a new impawning financing fashion, which contains the flexible legal relations between Policy-holder,Insurer,Insurant,Beneficiary and Other financial organizations. In reality , The LIP pledge has been to be in the face of a dilemma ,because which has not confirmed by The mortgage law and The insurance law . This article aims to discuss the special legal problems of the LIP pledge and give some suggestions on the legislative practice.The first chapter elaborate the concept and the general principle of LIP pledge. The author analyses the qualitative of the LIP pledge and points out the cash value of the life insurance which can fit the claim of the object of the pledge based on the concept of pledge and LIP pledge. This aims to seek the support of legal theory for the LIP pledge. Meanwhile, analyzes the system function of LIP pledge which can provide practical support for the below chapter. Theoretical support and practical needs establish the foundation of this article.The second chapter analyzes the legal relation of the LIP's pledge. The author points out that the LIP's pledge relationship which contains the life insurance contract relation,the loan contract relation and the life insurance policy pledge contract relation is a triple relations. Every relation is independent and relative. Meanwhile, through the legal relation of the rights and obligations of the parties, sorting out the main part for below perfect provide theoretical basis, this also is the core part of this article.The third chapter elaborates on the practical situation of life insurance policies, and analyzes the main problems of financing in the fields of the LIP pledge. The author analyzes and explains the present legislation about the pledge of the life insurance policy which is based on the present situation of the life insurance policy loan, and point out that the legislation imperfect is the main reason that influences the development of the life insurance policy loan. Meanwhile, pointed out the existing in the life insurance policy pledge practice some main problems, this is also causes the life insurance policies, pledge loan business development slow reason. This part can provides status support for the fourth part.The fourth chapter provides some suggestions on the legislative about the problem of the life insurance policy pledge. The author points out that the law of mortgage should conform the life insurance policy pledge by the flexible application terms, which can put the life insurance policy into the right of pledge ranges. Meanwhile, put forwards some specific legislative proposals on problems which had appeared in the practice about the life insurance policy pledge.