The Limit Of Moral Risks Prevention In Life Insurance Contracts From The Perspective Of Interests Balance

With the rapid development of the insurance industry, insurance legal system construction has also made significant progress, especially more and more people choose the life insurance industry since it has both security and saving function. In the rapid development of the life insurance system, moral risks prevention has undoubtedly become the essential clauses of life insurance legislation and life insurance contracts. The author from the reality and serious consequences caused by excessive prevention of moral risks in life insurance contracts, argue that some exemption clauses of moral risks prevention in life insurance contracts exceeds the certain limit on allocating and balancing the rights and obligations between both parties and individual interests and social public interests, need through the interests balancing lever to realize the legal control in the legislative and judicial process, in order to grasp correctly the various practical contradictions and moral risks arising in the life insurance contract.In view of the moral risks about the buyer and the beneficiary deliberately killed the insured to make insurance accidents, the author suggests that on the behavior of the insured deliberately killed by the buyer, our country’s insurance legislation can be advocated if the buyer murder the insured and malicious insured, the insurer could claim the contract is invalid, and does not assume the responsibility and pay insurance gold for the insured’s death before the contract be confirmed invalid. The insurance premium paid for more than two years, the insurer shall return the cash value of the policy. The provisions of article twenty-seventh of the insurance law of our country, it is suggested for the validity of such insurance contracts, it can be not to legislative confirmed, giving the judge discretion rights in judicial practice. And the clause about the beneficiary deliberately kills the insured, the killer loses the right to the benefit,for the attribution of insurance gold, the author argues that we should deal it in two cases treatment, only one beneficiary and multiple beneficiaries.For the clause that if the insured commit suicide during two-year exemption period when the life insurance is reinstated, whether the period is to be recalculated,the author thinks that we should focus on the nature of the reinstatement clause and the purposes of the clause construction, the reinstatement provisions of the life insurance contract, it suggests that the exemption period should be calculated from the date of reinstatement when the insured commits suicide, the clause obvious over against the moral risks of the insured and excessive partiality to the insurer’s convenience operation, but be too strict for the protection interests of the insured, so the exemption period should be established from the date of the original insurance contract start’s time to count as appropriate. At the same time, for the exceptions’ construction when the insured commits suicide in the future, our country suggests that we should revise the mean ability when the insured commits suicide as the judge standard.The exemption clause on the insured’s intentional crime to death has many difficulties in insurance practice, we should make reasonable restrictions on the exemption clause. The identify of "intentional crime" in the terms of the insured’s intentional crime is a problem to lock the legal fact, the moral risks of the insured can be prevented through the judicial control. Firstly, the insured’s subjective mentality must be limited to intentional crime when the judge is identifying;Secondly, judge the causal relationship between the insured’s intentional crime and the occurrence of insurance accident according to the nearest principle of insurance law;Finally, focus on the considerations that whether the insured’s intentional act has violated the criminal law infringement and has caused great harm to society, and has no relationship with the judgment for the age of criminal responsibility, expect to clarify the errors on insurance theory and insurance practice, in order to guiding the application to the exemption clause that the insured intentionally crime to injury and death.