Research On The Suicide Clause Of The Personal Insurance Contract

The suicide clause is a common term in the Personal Insurance Contract.The value of this clause mainly embodies in guiding and regulating the performance of contractors.At the same time,this clause has positive effects in avoiding moral hazard,guiding the insured to establish a healthy and optimistic attitude to life,limiting the insurer to escape the compensation,guiding the fair and reasonable development of the insurance market and maintaining a positive and stable atmosphere of society.In order to solve the academic and practical disputes in the application of the old law,the P.R.C.Insurance Law was revised in 2009 and came into effect in October of that year.Compared with the old one,the new law is more comprehensive on the provisions of suicide,and has more targeted to modify and supplement to the exposed issues of the old law.After that,the Supreme People's Court promulgated "Interpretation(3)on the Application of the Insurance Law of the People's Republic of China" in 2015.As a result,the provisions of suicide have been basically perfect.But this perfection is formal and superficial,there are still some defects need to be filled and corrected in fact.In addition to the introduction and conclusion,this paper mainly includes the following three parts.The first part is mainly to sort out suicide clauses in theory.This section summarizes the connotation,history,nature,and the reasonableness of existence of the suicide clause.The second part analyzes the relevant legislation and jurisprudence both at home and abroad from the perspective of comparative law.This part begins with the old law on the provisions of the suicide clause and focuses on the application of legislation and law in Chinese Taiwan,Japan and the United States.After comparison,we summarize the differences between our legislation with them.The third part undertakes the first and second part,emphasizing on inadequate of existing law about suicide clause,on the basis of that,putting forward the idea of perfection and application of suicide clause.