Researches On Divisions Of Life Insurance Interests In Divorce Proceedings

In recent years,with the enhancement of life insurance awareness and the incremental requests of financial investment,the life insurance industry has made a rapid development in our country.The amount of quantity and volume of the insured life insurance have set new records many times.Due to various reasons,the divorce rate in our country has been on the rise in the past few years.The spouses usually can not reach an agreement on the issue of how to divide the life insurance interests between them when they get divorced,therefore turn to litigation solutions.However,there are no definite legal provisions on how to divide life insurance interests in divorce proceedings.The standard of judgment on the issue is not uniform in judicial practice either.Based on the above,the legitimate rights and interests of the spouses can not be adequately guaranteed.The judicial justice and social stability have thus been affected.Therefore,the paper chooses researches on divisions of life insurance interests in divorce proceedings as the topic,synthetically considers many factors that affect divisions,classifies into and sums up as a few cases,analyzes and points out the deficiency existing in current divisions of the life insurance interests in our country and the corresponding reasons,draws lessons from the useful experiences of other countries where the insurance industry is more mature,provides several new division principles and advices about the legislation and practice on the issue based on our national conditions.The specific content is as follows:First chapter: The basic theory of life insurance.The definition,different categories and important concepts of life insurance are introduced.These are benefit for further research.Second chapter: The analysis on the division cases of life insurance interests and current situations of legislation and research.Through the introduction and comparison of the division cases during divorce proceedings,different opinions about how to divide life insurance interests in judicial practice are sorted out,thus the issue is leaded,and current situations of legislation and research about the issue are introduced.Third chapter: The determination of life insurance interests in joint property of the spouses.The scope of the joint property of them is introduced.The characters of life insurance interests are analyzed.The provisions of the United States concerning the relationship between life insurance interests and the joint property of them are used for reference.The relationship above and the ownership of life insurance interests in divorce proceedings are discussed and determined.Fourth chapter: The divisions of the relevant insurance interests in divorce proceedings in other countries where the insurance industry is more mature.The relevant practices of legislation and reasons about the division of life insurance interests in divorce proceedings of the United States are introduced.At the same time,based on the similarities between life insurance especially survivorship insurance and social endowment insurance,the practices of legislation of the United States,Britain and Australia where the insurance industry is more mature about the divisions of social endowment insurance interests in divorce proceedings are introduced.These are benefit for seeking reference.Fifth chapter: The division advices of life insurance interests in divorce proceedings.The reasons behind the deficiency existing in current divisions of the life insurance interests in our country are introduced.Several new division principles are provided.Based on these,the useful experiences of other countries where the insurance industry is more mature are used for reference.At last several advices about legislation and practice that are in line with our country conditions and feasible are provided.