Research Of The Division Of Insurance Interest Involved In Divorce

With the increasing diversification and complexity of marital family property,the division of interests related to insurance products has become a more important issue in divorce.However,the current legislation lacks a unified basis for this issue.There are different treatment in judicial practice and different viewpoints in research,which makes this field become a more complex aspect,which is difficult to meet the needs of practical dispute resolution.The author will study the division of the insurance interests involved in divorce cases in order to find solutions conducive to practical operation.The first chapter defines the concept of insurance interest involved in divorce and discusses the legitimacy of the division of insurance interests.The second chapter analyzes the current situation and existing problems of divorce insurance interest division from the aspects of legislation and practice.At first,it analyzes the deficiency of marriage law and insurance law.Secondly,the problems in judicial practice are analyzed.The third chapter is the study of the extraterritorial laws,the analysis of the relevant legal systems of the United States,Japan,France and other countries,and pointed out the significance of these countries to the division of insurance interests in China.In the fourth chapter,the author puts forward some suggestions on the division of insurance benefits involved in divorce from two aspects: the perfection of legislative provisions and the perfection of specific segmentation methods.This paper uses the methods of literature research,comparative analysis and other research methods to analyze the division of insurance benefits in divorce cases.The innovation of this paper is to classify the insurance interests in divorce cases,and at the same time to sort out the specific situation.In order to make the judicial practice to deal with this kind of problems have clear ideas and easy practical methods,and ultimately help to solve the practical problems better.