The Research On The System Of The Life Insurance Trust In Our Country

This article is for the purpose of basing "People's Republic of China Trust Law" (to hereafter refer to as "Trust Law"), "People's Republic of China Insurance Method" (hereafter refers to as "Insurance Method")the correlation stipulation, altogether divides into four partial discussions research in surance money trust system in our country establishment and the application:â… .Life insurance trust system principleLife insurance trust, also called the insurance money trust, is a union insurance and the trust financial trust service product, to the insurance money pays took the trust property, by the trustee (here trustee often is take oneself as an insured, own children policyholder which set up life insurance contract for beneficiary, concurrently has policy holder and insured's dual status, the following is called trustee) and the trust organization signs the insurance money trust contract, when the insured died sends the physiology to compensate or the full term insurance money pays occurs, the insurance company insures the indemnity or the full term insurance money payment to the bailee(namely trust organization), by the bailee according to the trust contract agreement management, the utilization, according to the trust contract agreement way, assigns the trust property gives the beneficiary, and to trust period when terminated or the due, the payment surplus property gives the trust beneficiary.In the western developed country, the insurance money trust vigorous development, unceasingly grows the many kinds of rich individualities finance product, this if developed insurance industry close correlation. But our country insurance industry start is later, still was at the development phase, but the trust industry is at the seed stage, not for social populace widespread understanding. Whether does the life insurance trust system smoothly develop in our country, in the oretically still had very many questions with the practice in to need to solve, obtains in legal the support to be supposed to be the most important research question.â…¡.Our country life insurance trust system feasibility analysisLooked from the life insurance trust business widespread suitable situation as well as the practice application 4 kind of fundamental modes that, has the insurance and the trust dual effect life insurance trust is having the widespread suitable crowd, can serve different crowd's each kind of different demand, the latent service customer is studies the life insurance trust to enter our country money market feasible prerequisite.Life insurance trust goal most mainly or in order to make up in sufficiency of the issurance system, in particular under age children's education attendance question. Borrows by the life in surance trust system, let lose the parents the children, in the trust organization and under guardian's cooperation, still could defer to the insured before death to instruct, properly utilized the insurance money to children's life, the education and so on various aspects, avoided the underage children bad managing using the insurance money or the insurance money suffers the guardian not when diverted question. From life insurance trust establishment validity, insurance money whether may as the trust property, be supposed to act the life in surance trust business by who and so on three aspects to carry on the analysis to obtain, introduces the life insurance trust system in our country in the law is feasible, but on how its smooth introduction practice, except carries on in the solid service accurately in detail investigates outside the material, the careful research market demand, heavy center is again the hypothesis is legitimate also the reasonable feasible life insurance trust contract sample, reports the controlling organization to approve through after, only then puts the market operation.â…¢.Life insurance trust contract main litigant and basic contentThe reasonable feasible life insurance trust contract sample needs to have its basic litigant and the contract content general requirement, this part in present our country legal rule as well as far as possible under reasonable standard premise, to contract main litigant's qualifications (trustee, bailee and beneficiary), the contract content necessary provision (trust goal, trustee, bailee's name or name, residence, beneficiary or beneficiary scope, trust property scope, type and condition, beneficiary obtains trust benefit form, method), the contract content should prepare the provision (the trust litigant's right and the duty, the trust property management and the trust benefit assignment way, in the trust property management the risk promulgates and undertakes, the trust investment company's reward, the trust property tax spends paying with related over head charge calculation, bailee whether does have pays on another's be half the insurance premium the responsibility, the trust deadline stipulated and when deadline termination the trust property ownership, the trust litigant breaks a contract there sponsibility and the dispute arbitrates the way, the trust termination matter, the trustee and the bailee thought needs to stipulate the other businesses) and so on the content has carried on the approximately analysis.By above about the life insurance trust contract main litigant qualifications and the contract basic content provision approximate, the life insurance trust system the fundamental mode which establishes in our country temporarily determined. The our country present stage must establish the feasible life insurance trust system, should report by the trust investment company the life in surance contract sample the People's Bank of China to approve, the process People's Bank's examination and approval through after, only then puts the market operation. â…£.Life insurance trust system establishment and its system risk legal monitoringHad the qualified content, also must have the qualified movement main body. Regarding the management life insurance trust company, in its trust investment company scale standard, the company inter management system standard, aspect and so on life insurance trust jobholders qualifications standard, should give the strict request, achieves the certain standard the only then management service. Take trust investment company as service main body establishment life in surance trust business system, under our country current legislation environment, regardless of is from the life insurance trust application establishment, or the life insurance trust movements eillance examination, as well as the undertaking life insurance trust business main body trust investment company's establishment, the movement and the staff hire all must pass through People's Bank's verification or the authorization.If establishes the life insurance trust system, supervises and manage sin separable with the People's Bank of China's finance, this is the financial investment environment basic economical situation which current needs to stabilize with our country is connected. Such system constructs the construction, the standard life insurance trust business movement process, by has stabilized the safeguard for the beneficiary, in the certain degree is also advantageous to the socialist market economy stable development. But in the practice social public more issue of concern is, whether does the law safeguard beneficiary's rights and interests reasonable convenience to exercise, how but may bailee's investment behavior be under the reasonable surveillance control, thus finally safeguards the beneficiary to profit the right, the realization trust goal. This part take the life insurance trust contract main litigant was the trustee, the beneficiary and the bailee three aspects has carried on the analysis as the standpoint. Supervises under the management by the People's Bank of China the life insurance trust system, under the future developed market economy condition, will certainly individual trust which unsuitable will inflate day by day with to manage finances the demand. But along with our country insurance industry and the trust industry development, the profession autonomy ability enhancement, the service channel increase, the staff quality enhancement, all will become took the long-live disurance will plant grows the product the life insurance trust firm cornerstone. In not the far future, in will guarantee our country finance system management security under the premise, our country also will have to profit from the safe trust industry developed country the experience, speeds up will revise "Commercial bank Law", "Insurance Method" and" Negotiable securities Law" related stipulation, appears "Financial Supervising and managing Rule" one after another, "Trust Law", "Insurance Fund Operation Policing method" and so on the legal article, is clear about between the permission financial or to be allowed under the certain scope, the certain premise, is engage din the cross profession the overlapping management, personally manages finances for our country the service development creation good legal system environment and the supervising and managing environment.