Research On The Policy Holder's Arbitrary Termination Right In Altruistic Insurance Contract

The purpose of people signing an insurance contract is to deal with various risks from the natural world and human beings in the process of survival and development through such a defensive and less costly decentralized risk system.The nature of the insurance contract is to transfer the risk to the contract,so the original bearer of the risk must exist,and the insured person is the original bearer of the risk of owning the property and person as the object of insurance.The insurer issues an insurance policy and pays the insurance money when the conditions are fulfilled.The risk that originally needed to be covered by the insured is passed on to the insurer.Therefore,from the point of view of the insured person as a person protected by the insurance contract and the claimant of the insurance claim,especially in the contract of the altruism insurance,the insurant as the contractor and the contributor must not be more important than the insured.According to the basic concept of “no loss,no insurance” insurance contract,insurance is to compensate the property or personal injury of the person who was infringed upon in the insured accident.In the specific insurance contract,it is the rights and interests of the insured.Article 15 of the "Insurance Law" stipulates that the insurer's discretionary power-off system is a design that tilts protection to the insured.It is a major advancement in insurance philosophy and system,and to a large extent protects policyholders as a weaker party in insurance contracts.The interests of one party.However,in an altruistic insurance contract in which the insurant does not have the right to request insurance premiums,the termination of the insurance contract concerns the interests of the insured and beneficiaries,and whether the insurer should have the consent of the third party when exercising the arbitrary right of cancellation,the third party's How to protect the interests,more and more attention in theory and practice,it is imperative to solve this problem.This article is divided into three parts.Firstly,introduces the definition of insurance contract.On this basis,the definition of altruistic insurance contract was defined.In order to make it more explicit,the enumerated method was adopted and the situation of altru insurance contract in personal insurance contract was discussed.A detailed enumeration was made to analyze the status quo of China's policyholders' right to arbitrarily release and to evaluate their rationality.Secondly,it elaborates the problem of the existence of the arbitrary cancellation right of the policyholder of the insurance policy on the “Insurance Law”and thereasons for its restriction.Finally,by sorting out the legal provisions concerning the arbitrarily lifting rights of insurance applicants in other countries and Taiwan region of China,reviewing the existing institutional design for restricting the right of arbitrary cancellation of policyholders in China,and proposing legislative proposals for the arbitrarily-resolving power of China's policyholders.It is hoped that this paper analyzes the issue of discretionary power-off of the policyholders of altruistic insurance contract and proposes legislative proposals that are consistent with the current insurance law system in China in order to achieve a balance between protecting the interests of the insured and the non-infringement of the contractor's right to cancel the contract,and to protect the applicant.The interests of the insured and the beneficiaries better promote the development of the insurance industry and maintain the sound operation of the financial industry.