On The Perfection Of Our Country’s Exemption System

Enforcement is the end and fruit of the law.In the law of Rome,there are provisions concerning the creditors’ detainment of the debtors in order to achieve its claim.However,for the life insurance products held by the person against who a judgment or order is being executed,due to the particularity of life insurance,there is a great controversy in the academic circles about the enforcement of life insurance products.As early as the 70 s of the last century,the United States had established a "generous" exemption for life insurance products through the Free Property Law.In principle,Italy also denies the creditors’ right to interfere with all the life insurance products of the debtors.At the end of last century,there is a heated debate on the enforcement of life insurance was raised in the Japanese academics,and finally it balanced the interests of all parties to the life insurance contracts through the beneficiary’s intervention right system.According to the "Report on the implementation of the people’s court" published by the Supreme People’s court’s,from 2013 to 2015,there were more than ten million executive cases in the people’s court at all levels in the country,including 7 million830 thousand cases of civil and commercial execution cases,and there are about 40%of the cases in which there is no property to be carried out.From 2013 to 2016,a total of 2 million 892 thousand and 500 natural persons were enforced by the executors into the list of the missing people released by the Supreme Court.According to this,with the rapid development of our country’s community economy,there are more and more problems of property relations disputes caused by investment and financing and debit and loan behaviors,and the corresponding enforcement problems,which are becoming more and more complex.As for whether the life insurance can be enforced,due to the lack of explicit provisions in our country,the court in order to avoid intensifying contradictions and destroying the harmonious and stable social environment,it always takes mediation as the principle to solve the corresponding judicial practice problems.In March 6,2015,the Higher People’s Court in ZhejiangProvincial issued the "Notice on strengthening and standardizing the implementation of the property interests of the life insurance products owned by the executor",which makes it clear that the property interests of the life insurance belong to the responsible properties of policy-holder,the insurant or the beneficiary which can be executed by the people’s court.The People’s Court may can frozen query,freeze and handle the property interests of the person’s life insurance products owned by the executor and the insurance company has the obligation to assist it.It provides a basis for the compulsory execution of life insurance in our country.Most of the academic circles also have an affirmative attitude towards the performability of life insurance.However,the theory of modern executive law has developed from safeguarding the rights of the creditor alone in the past into making a balance between creditors,debtors and the public advantages to defend the interests of many parties.The restrictions on the implementation of the partial property interests of the debtor and the protections of the rights have become an important part of the implementation law of various countries.As far as the life insurance is concerned,it has performability does not necessarily mean that it must be executed.Based on the executability and immunity of life insurance products,this paper analyzes the problems existing in the implementation exemption system of our country and puts forward some relevant suggestions.This paper mainly includes four parts:The first part expounds that the life insurance products belong to the property of liability in which no one is responsible,and can be applied to compulsory execution.This paper discusses the connotation and extension of execution exemption and the theoretical feasibility of implementing exemption for life insurance products.It also introduces the economic and social theory that can be applied to the exemption system.The second part introduces the legislative examples of China’s enforcement exemption system.By analyzing the current legal norms of our country’s implementation exemption system,it finds that the system of execution exemption in our country has backward legislative ideas,incomplete systems,principles of content,simple stripes,neglects the property of the person executed with spiritual interests and the property necessary to engage in labor,production and operation.In addition,it exists program vacancy and many other problems.The third part introduces thelegislation examples of the extraterritorial exemption system.The fourth part gives recommendations on improving the implementation of China’s exemption system on the basis of the first two parts of the article.This includes clarifying the purpose of implementing the immunity regime,establishing the principle of good faith and improving the way to determine the scope of the implementation of exempted property.It introduces the system of determining the quantity of exempted property according to the combination of property type and property value,and introduces the exemption system and exemption property declaration procedure for the person insurance under certain cash value and insurance amount.