Legal Research On Investment-oriented Insurance

Investment-oriented Insurance deemed as a new insurance product has both the function of safeguarding and investing, and is very different from the Traditional Insurance. Therefore, special legal system shall be applied. Firstly, this thesis indicates that two major Investment-oriented Insurances named Investment-linked Life Insurance and Universal Life Insurance exist in the current insurance market in China, with analyzing the reasons of appearance, definitions and characters of Investment-oriented Insurance. Secondly, this thesis demonstrates that the legal nature of Investment-oriented Insurance is possessed of insurance, securities and trust, and the type of Investment-oriented Insurance Contract is mixed contract, as a result, such contract shall be subject to the application of analogy of different contracts containing different obligations. Thirdly, with reference to legislation model regarding Investment-oriented Insurance in the U.S and Taiwan of China and combining with current status, this thesis discloses the deficiencies of legislation in China, such as confusion of legal name, full of legal gaps and so forth, and comes up with path to regulate Investment-oriented Insurance in law. Finally, this thesis requires making such path from three angles: amending Insurance Law and relevant laws, strengthening the protection of investment account and perfecting the system of information disclosure, specifically, special regulations and source of law, at the height the organic law, shall be brought to Investment-oriented Insurance, supervisor, depositary and the range of subject matter shall be defined, and the principles , contents and formalities, and liabilities of information disclosure shall be set up or polished up.