Research On The Legal Issues Of The Separation Of Life Insurance Rights And Interests In Divorce

With the rapid economic development in our country,each family has the higher income,and the way of investment has changed a lot.Personal insurance,which combines savings,investment and risk prevention,is becoming more and more popular.The number of life insurance purchased from family income is increasing day by day,but another problem is also becoming increasingly prominent,that is,when divorce,whether the rights and interests of life insurance can be divided as the common property of husband and wife and how to divide.The reasonable division of life insurance rights and interests in divorce is related to the protection of the legitimate rights and interests of the divorced parties and the beneficiaries other than the divorced parties.However,the current marriage law and insurance law in China do not clearly stipulate this,and the judgment results of the courts in judicial practice are also very different.Therefore,the division of life insurance rights and interests in divorce is different.It is necessary to study the way how to separate the life insurance rights and interests.Through the analysis of the current situation of legislation and judicial practice on the division of life insurance rights and interests in divorce,this paper clarifies the main problems existing in the division of life insurance rights and interests in divorce at present: firstly,the lack of relevant legislation;secondly,the confusion of the division criteria,the existence of the division of cash value,insurance premiums and their respective ownership;thirdly,the inadequacy of the division.Respect the autonomy of the parties;Fourth,the separation of the beneficiaries' rights and interests in life insurance for their parents and children fails to fully guarantee the rights and interests of the beneficiaries.In view of the current dilemma of the division of life insurance rights and interests in divorce,this paper puts forward some suggestions to improve the division of life insurance rights and interests in divorce in China: to clarify the scope of the divisible life insurance rights and interests in divorce;to improve the relevant provisions of the beneficiary's beneficiary rights and the termination of insurance contracts by the insured in China's insurance law.In judicial practice,it puts forward specific ways to divide the insurance rights and interests of the life insurance contract for one's own interests and that of the life insurance contract for the interests of others: first,each judgment should respect the autonomy of the parties;and the life insurance contract for one's own interests should continue to maintain the effectiveness of the contract.To divide the higher part of insurance rights and interests,such as compensation for cash value or insurance premium,so as to maximize economic benefits;the insurance rights and interests of life insurance contracts for the interests of parents and children should also continue to maintain the validity of the contracts,and the insurance rights and interests belong to the beneficiaries without being separated;the interests of parents and children should be excluded from those of the beneficiaries.The insurance rights and interests of the three persons in the life insurance contract shall be enjoyed by the insured,and the higher part of the insurance rights and interests in the compensation of cash value or insurance premium shall be divided.