The Study On The Questio Juris Of Insurance Trust

Insurance trust, a financial service product which combines insurance with entrust. It is operated with insurance money or insurance claim as the trust estate; the clients sign an insurance trust contract with the trust institution. When insurance accident or earned premium payment occur, the insurance company will pay the insurance indemnity or earned premium to the trust institution, distribute the property to the beneficiary according to the contracted ways of arrangement and application in the fiducia which was signed by the trustee and pay the idle fund to the beneficiary during the period of entrust or when it becomes due.Nowadays, few insurance trust products were promoted in our country though it has been developed for several years in foreign countries. In order to realize the purpose of building and applying the sociable system, we must come to understand it extensively,find out the elemental questio juris,recognize the primal problems in the process of carrying out it and seek counter measure actively.This thesis will start from the basic definition of trust system and insurance system, introduce the definition, types, function,nature and developments of insurance trust, and conclude the enlightenment related to the promotion of insurance trust system in China, according to the history and current development of insurance trust system. Then analyze the legal nexus ,the establishment, modification and termination of insurance trust according to the law of the insurance trust. Finally I list the theoretical and practical and supervisory defects during the promotion of insurance trust rules in China and bring up the relevant countermeasures to expect improvement. The author hope the limited discussion on the legal issues of insurance trust will benefit the establishment and application of insurance trust systems in China.