A Study On The Legal Issues Of Personal Insurance Debt Avoidance

As of December 2017,data from the Shenzhen Insurance Regulatory Bureau showed that the premium income for life insurance was 74.7440894 billion,the premium income for property insurance was 28.2312305 billion,the indemnity rate for life insurance was 15.41%,and the compensation rate for property insurance was 50.28%.The premium income of life insuranceis three times that of property insurance.Itis obvious that life insurance has been accepted by people gradually.Life insurance can avoid tax,avoid debt,protect assets and other functions have been widely promoted,many insurance consumers also gradually think that life insurance is a good investment that can avoid tax,avoid debt,and manage money to preserve assets.However,whether it is insurance companies,insurance salespeople,or consumers who buy insurance,is it really to analyze and discuss the actual function of personal insurance? Does it really analyze and demonstrate the function of tax avoidance,debt avoidance and asset preservation of personal insurance? The author is deeply interested in the tax avoidance,debt avoidance and asset preservation functions of personal insurance.Limited to the authorundefineds limited research,this paper chooses to study and analyze the debt-avoidance function of personal insurance,and whether personal insurance has debt avoidance function? How can life insurance avoid debt? Does life insurance have limitation? What are the legal consequences of using personal insurance to avoid debt maliciously? And so on a series of questions are the author hopes through this research topic obtains the corresponding answer.Also hope through this subject research,uncovers the life insurance the so-called magic function,lets the general consumer face up to the life insurance function,the rational consumption,the reasonable allocation capital.This paper is divided into four chapters to discuss the legal issues of personal insurance debt avoidance,the arrangement is as follows: first,the introduction,combined with the research background,the current academic research results are combed,pointing out the problem,Explain the purpose and significance of the research as well as research methods and innovative points.The beneficiary of life insurance,the beneficial right,and the conflict between beneficial right and creditorundefineds right.First of all,the author defines the qualification and scope of the beneficiary of personal insurance,analyzes the problems such as how to obtain the qualification of the beneficiary,the scope of the beneficiary,whether the legal person can be regarded as the beneficiary,the loss of beneficiaryundefineds qualification and so on.Contrast the difference between the beneficiary in theory and the beneficiary in practice.Compare the scope of beneficiary between China and foreign countries.The reasonableness of obtaining beneficiaryundefineds qualification and defining its scope is obtained.Secondly,the content of beneficiaryundefineds right of benefit,the exercise of beneficiaryundefineds right,the limitation of claim,and some problems that may appear in the exercise of beneficiaryundefineds right are studied and analyzed.Thirdly,the conflict and treatment between beneficiaryundefineds benefit right and creditorundefineds right.From the designated beneficiary to the legal beneficiary,whether there will be a conflict between the undesignated beneficiary and the creditorundefineds rights,and the solution to the conflict,from the designated beneficiary being a consanguineous parent and child,to the right to benefit from the relationship between husband and wife,Whether there will be a conflict with the creditorundefineds rights,and how to resolve the conflict.Through case analysis and comparative analysis,it is found that using the node problem of beneficiary to avoid debt,the solution of the problem is put forward.On the definition of the nature of avoiding debts of the beneficiaries of life insurance and the corresponding legal consequences,Through comparative analysis of the nature of goodwill and malice,the definition of good faith and malice at home and abroad,as well as the policy holder through taking out personal insurance,are compared.Setting the expected effect of beneficiary circumventing debt,comparative analysis of the corresponding legal consequences,through the comparative analysis of whether the insured,the beneficiary,the insured person insurance can achieve the transfer of assets and the evasion of the debt,the author of this paper makes a comparative analysis on the policyholder,The feasibility and limitation of debt avoidance by insured and beneficiary.On the function and limitation of using the beneficiary of Life Insurance to avoid debts.First of all,taking the insurance practice case as an example,how to make use of the life insurance beneficiary to avoid the debt,the realistic maneuverability,as well as to list the different insurance beneficiary to avoid the debt function analysis,compares the difference between the different kinds of insurance beneficiary to avoid the debt.Compare the similarities and differences of debt avoidance function between domestic and foreign life insurance beneficiaries.Secondly,it analyzes the limitation of life insurance beneficiaryundefineds debt avoidance function,the limitation of the life insurance beneficiaryundefineds setting,the loss of beneficiaryundefineds qualification,the legitimacy of the insuredundefineds premium fund source.The definition of the nature of the compulsory rescission of the malicious transfer property and the difference of the limitation of the function of using insurance to circumvent the debt at home and abroad are compared.Evaluation and suggestions on the legal system of avoiding debts of the beneficiaries of personal Insurance in China,aiming at the problems of legislation and judicature in our country,the author puts forward the perfect suggestions of legislation and judicature,respectively,in the light of the problems highlighted in the present situation of insurance practice in our country.By appraising the existing or mature legal system in foreign countries,the author legislates or interprets the legal problems related to the beneficiaryundefineds avoidance of debts.