Research On The Legal Questions Of Life Insurance Policy Financing

Since the reform and opening up, China’s socialist market economic development, China’s insurance industry is developing rapidly and life insurance policy pledge loan financing as a new financing model gradually rises in China’s insurance industry. Life insurance policy financing involves complex legal relationships, a wide range of subject as well as complex concrete operation. Moreover there is no definite stipulations in" Insurance Law"," Property Law" and" Guarantee Law", thus the life insurance policy pledge loan financing, as a dynamic financing model in our country, is in a very awkward position in the legal system.This thesis, based on the theory of life insurance policy, tries to elaborate the theory basis of life insurance policy, legal relationship of life insurance policy financing, China’s life insurance policy financing legal status and legal risks as well as proposals on how to regulate the legal risks. Besides, this thesis also analyzes oversea life insurance policy financing system in order to draw lessons and put forward rational proposals for the construction of China’s life insurance policy financing system by comparing the world financing system. Besides the introduction and conclusion, this thesis consists of five parts.The first part introduces the concepts and general principles of life insurance policy financing. This chapter takes a progressive writing approach and it is divided into two sections. The first section describes the life insurance policy concept and analyzes the nature and the cash value of life insurance policies on the basis of life insurance policy concept; the second section analyzes the concepts and types of life insurance policy financing, and further more the value of life insurance policy.The second part is of legal analysis of life insurance policy financing, specifically the subject and object as well as the establishment, entry into force and implementation. As the basic theory, this chapter lays a theoretical foundation for the thesis.The third part discusses the current legal status of life insurance policy financing in China. This chapter is divided into three sections, the first section focuses on the current situation of life insurance policy financing legislation; the second section is mainly about life insurance policy finance and China’s current legal conflicts; the third section is mainly on the legal risks of life insurance policy financing. The content of this chapter is the core part of the article.The fourth part is of a comparison between home and oversea life insurance policy financing legal system. Through the analysis of life insurance policy financing legal system in the United States, Japan and Taiwan of China, this thesis therefore draws legislative references which are suitable for China.The fifth part puts forward proposals on building life insurance policy financing system in China. Firstly this thesis explicitly puts forward advices on perfecting the guarantee system, taking life insurance policy into the scope of pledge of rights in China, improving China’s existing legal system, and stipulating the pledge of life insurance policy; secondly, this thesis addresses special stipulation of life insurance policy financing by the completing the regulations on the subject and conditions of pledge of life insurance policy.