Insurance Division Of Property Upon Divorce Research Questions

In recent years, with the rapid development of China’s economy and the people’s growing awareness of insurance, more and more families choose to buy insurance as a risk protection of family life and financial investment, insurance and related property rights of becoming a family an important part of the property, some "huge insurance" is of great economic value, therefore, at the end of the marriage how to split the insured property is particularly important. Because insurance interests, especially in the interests of life insurance is sometimes very complicated, the parties and the courts in these insurance property division often feel unable to start, and sometimes even directly surrender insurance division, resulting in a great loss, China’s current "marriage", "Insurance Law" and other laws and regulations and relevant judicial interpretations and no provisions on how to split the jointly insured property during a divorce, handling practices throughout judge also vary, resulting in similar cases but has different and even opposite results. Therefore, this issue finishing graduate, sort of insurance interests, clearly identified on the basis of ownership of the insured property, has a very important practical significance.Theorists research on divorce insurance division of property jointly fewer scholar’s beliefs are not the same, and often studies of adult instruction on property insurance or insurance in certain aspects of a particular insurance Mo segmentation problem, the lack of a comprehensive carding system, it is difficult to provide information and assistance to the judicial practice.This paper adopts the text analysis, comparative analysis, value analysis and other methods of collecting material to collate and analyze the theory to China’s current "marriage", "Insurance Law", "Law of Succession" and other laws and regulations as well as "Marriage explanation (three) "and judicial interpretation standpoint, interdisciplinary research within the field of law, and to explore the range of a couple of the insured property in the cross-range multi-sect oral laws, nature, segmentation, based on other issues, to seek a reasonable solution to solve the judicial practice in the confusion; the marriage of the parties to protect property interests, promote the improvement of China’s marriage Law.