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Insurance Study Of Suicide After The Crime

Posted on:2015-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:Q YuFull Text:PDF
GTID:2296330434452937Subject:Insurance
Abstract/Summary:PDF Full Text Request
It’s a real and thorny issue when it comes to how to handle the situation when the insured commit suicide after crime. We can hardly find particularly clear regulations in the existing laws. We cannot judge whether the insurer should undertake the liability of payment as the new’Insurance Law’ public in2009didn’t explain the priority applicability on the terms of suicide and terms of intentional crime.At the same time, study abroad on the insurance deal in the situation of committing suicide after crime is very rare. So it is difficult to find the appropriate perspective from some of the literature to provide a reference for handling related cases.However, the likelihood does exist. There will be ’discretion process’when we lack of adequate legal support and no relevant information is for reference in practice which is based on the judge’s subjective understanding.Standard anomie is inevitable in the case of discretion process. Then the similar situation may come across different verdict. It is obviously unfair.In this paper, normative analysis, case study and analog analysis are adopted. The author intends to deal with the situation where the insured suicide after crime. Today’s problems will be detailed in the forms of cases. Comparison will be involved. The author combines the theory of jurisprudence and insurance to summarize, trying to put forward the ’norms’ of treatment recommendations, hoping to provide a reference for subsequent studies and actual cases.This paper is divided into six parts.The first chapter is introduction. Author introduces the research methods and content, highlighting the purpose of this study.The second chapter will explain the meaning of committed suicide. Suicide will be divided into’emotional type of suicide’ and ’intellectual type suicide’ according to the reasons. Author will also analyze criminal cases committed suicide legal processing.The third chapter will focus on the comparison. Author will analyze the relevant similarities and differences that exist in the case of research in the related situations.The fourth chapter will be the case study. The author will proposal the defects and deficiencies in the current treatment.The fifth chapter describes some of the relevant international practices, including the presumption of innocence, the distinction between the perpetrator’s mental state, the burden of proof and the definition of suicide and intentional, etc.The sixth chapter will be summarized and refined for questions and legal issues presented in this paper and on the basis of these elements, the author proposed final conclusions and policy recommendations.
Keywords/Search Tags:insured, committed suicide, presumption of innocence, intentional crime, suicide clause
PDF Full Text Request
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