Death Insurance Gold Payment Legal Issues Research

The death insurance gold payment legal issues is a very important task in thelife insurance theory and practice, it involves some complex legal issues related tothe insured and the insurer the purposes for enter into insurance contract, moraljudgment and orientation. The paper is based on the relevant provisions of China’sinsurance law on the death insurance gold payment, compared with other countriesand regions regulations and practices, systematically analyze death insurance goldpayment of theory and practice, and trying to make a comprehensive, thorough legalanalysis to the payment object、beneficial interests and interests of the creditor’sclaim protection， and make some of the recommendations, in order to achieveperfect the legal system of China’s life insurance contract and guide China’sinsurance practice.On the basis of learning from other scholars theoretical research, systematicallyand in-depth explore the theoretical basis of the insurance system, payment of thedeath insurance gold in exceptional circumstances, the beneficial interest of thebeneficiary and the protection of the interests of creditors,and make a thoroughanalysis, and for the legislation status quo of China’s Insurance Law, the authorproposed a number of legislative proposals, trying to improve the death insurancegold payment of the relevant laws and rules.The paper is divided into three parts; the first part systematically theoreticalanalyzes the death insurance gold payments object-beneficiary, the beneficiary isdivided into designated beneficiary and statutory beneficiary. in terms of specifiedthe subject of the designated beneficiary, I believe that the right of the designatedbeneficiary shall be unique to the insured person; analyzed the manner of specifiedby the designated beneficiary, the designated beneficiary should follow the basicprinciples; analyzed the scope of the designated beneficiary, I present that we shouldintroduce the concept of insurable interest; described the change way of beneficiary,I think that the behavior of the beneficiary change is a unilateral legal act; discussed the need for the introduction of statutory beneficiary, and trying to build the specificrules of statutory benefit.The second part discuss payment of the death insurance gold in exceptionalcircumstances, analyzed the "common disaster" death insurance gold payment,suggested that we can draw lessons from the United States "120hours long survival"principle; in terms of specified death insurance gold payment of legal issues underbeneficiaries are missing, the author questioned the "Insurance Law" Article42;discussed missing some of the designated beneficiary death insurance gold paymentof legal issues, we should be increase a corresponding rule in the coming legislativeprovisions; elaborated death insurance gold payment of insurance without theconsent of the insured, and proposed we should analyze specific issues; describedpayment of the death insurance gold under policy holder intentional killing insured,pointed out that its unreasonable, proposed that we should be based on whetherpolicy holders insured for their own benefit or for others; described payment of thedeath insurance gold under beneficiary intentional killing insured,and presented thatwe should be made between different situations to determine death payment ofinsurance money; analyzed payment of the death insurance gold when the insuredcommits suicide, considered that suicide disclaimer period shall be calculatedcontinuously from the date of establishment of the original contract.The third part related to the beneficial interest of the beneficiary and theprotection of the interests of creditors, analyzed creditor claims the protection of theinsured person’ s creditor, and concluded that there is no recourse of creditors of theinsured death insurance gold; in terms of creditor claims the protection of policyholders, proposed that we should be divided into different situations; For the benefitof creditor issues, studied legislative practices of other countries, considered that thecreditor is entitled to meet their claims using all the insurance money.