Study On The Application Of Legal Exemption Clause In Death Insurance Contract

The insurance industry in our country has got great progress,since restoring it to our country national economy life stability and maintain social stability has played an important role.In insurance practice,however,the legal disclaimer applies in the death insurance contract,still there are many contradictions and disputes,and thus caused such negotiations fail litigation dispute case.Based on the analysis of our country "insurance law" death insurance contract legal disclaimer effect problem of reference to literature,analysis,comparison,and summarizes the induction and other research methods to analyze the causes,and on the basis of analysis and research,in view of our country " insurance law " in the death insurance contract problems.put forward relevant solutions,to provide reference for the insurance in our country and policy-holder or insurant or reference.Full text is divided into three parts,the first part mainly on the concept of death insurance contract in our country and the type of legal disclaimer were summarized.First introduced the death insurance contract combination with related literature data and the meaning of type;Secondly according to insurance law and relevant laws and regulations in China analyzes the types of legal disclaimer;Finally,according to the spirit of the legislation of insurance law and insurance system's main function are expounded the rationality of the legal disclaimer.The second part aimed at China's current legal disclaimer applies in the death insurance contract when the main problems are analyzed.In the first place in the context of China's current laws and regulations,the legal disclaimer applies in the death insurance contract,the provisions of the demonstrative obligation for the underwriter not clear enough.Secondly,for the insured suicide clauses in the insurance against death,in the process of practical application,there are still too narrow application scope,and the standard of that suicide is not enough comprehensive problem.Finally,the damage caused by the intentional crime and policy-holder insurant intentionally the two terms on the use of a causal connection between death insurance practice also is not clear,the purpose of the actor is unknown and not strictlydistinguish the problem such as actor identity.The third part is about our country insurance against death for the perfection of the legal disclaimer in the contract.This part first has been clear about the legal disclaimer for presentation should still be valid.Secondly through the analysis of the legislative purpose of terms of suicide,it is suggested that for expanding the scope of the application of suicide and suicide standards.Finally for the damage caused by the intentional crime and policy-holder insurant intentionally terms,by combining relevant knowledge of criminal law,put forward to perfect the two terms applied in death insurance practice suggestion.