| With the improvement of people's living standards and increasing risk awareness,the purchase of insurance has become an important part of the family financial investment.In essence,insurance is a way to transfer risk,Because of different insurance objects,insurance is classified into property insurance and personal insurance.Within the scope of life insurance,it can also be divided into life insurance,health insurance and personal accident insurance.Life insurance can also be divided into investment life insurance and traditional life insurance.This topic mainly revolves around the investment-type life insurance.the investment-type life insurance is the first choice for the family to buy insurance because of both personal security and investment financing function.The investment life insurance,which is purchased by the common property of husband and wife,constitutes a part of family property investment.However,with the increase of the divorce rate in China,the contradiction of property segmentation caused by the investment-type life insurance is becoming more and more prominent.There are some problems: at the legal level,neither the marriage law nor the insurance law clearly stipulates the method of dividing the investment-type life insurance property;in the trial practice,the judge usually divides from the traditional matrimonial community property and neglects the personal attachment and the professionalism of the investment-type life insurance itself.Eventually it leads to the embarrassing situation.it is difficult to fulfill theprofessional requirement of investment-type life insurance based on ordinary procedure.Therefore,when dealing with the division of insurance property,the treatment of investment-type life insurance which is purchased by the matrimonial community property is a difficult problem of separating the couple's common property.This paper is divided into four parts: questions,theoretical basis,case analysis,segmentation and suggestions.The first part is to put forward the idea that investment-type life insurance should be divided into matrimonial community property.The first problem to be solved is:whether the investment-type life insurance and its income belong to the matrimonial community property,and what type of investment type life insurance and its income should belong to the category of the matrimonial community property.I will discuss this problem from three sections: first,to understand the basic concept and basic classification of investment-type life insurance,then respectively from the necessity and feasibility to discuss investment-type life insurance bring into the matrimonial community property.The second part is to explore the theory of marital property division in our country's legislative and family trial experience.I will start from the angle of "marriage law","insurance law" and "family trial" to explore the legal basis and specific operation mode of the division of husband and wife's insurance property in legislation and practice.Summarize the types of family life insurance and the reference basis for the division of the matrimonial community property.From the perspective of the family trial experience,we can draw on the relevant ideas as the basis for the division of the investment-type life insurance.The third part is the case analysis.The parties to the insurance contract are the main body of the insurance contract.In the process of the division of the investment-type life insurance,there are a variety of division schemes because of the different parties of the insurance contract.I will analyze the three typical cases from the different aspects of the contract parties,and combine the cases with the different cases.The segmentation methods are compared,and the advantages anddisadvantages of each segmentation method are analyzed based on comparison.Finally,summarize my own opinions and conclusions for cases.The fourth part is how to improve the investment type life insurance as the problem of the division of the matrimonial community property.This part will be carried out from three aspects of the legislative proposal,the specific treatment method and the relevant mediation mechanism.First,provide the principle legislation to improve the segmentation of investment-type life insurance from the angle of the insurance law and the marriage law.Secondly,summarize the specific ways and applications of investment-type life insurance segmentation.Finally relevant professional mediation and Intelligent mediation will be used to provide a solution for the segmentation of the investment-type life insurance involved in the divorce proceedings encountered in practice.Through three aspects,I hope to provide some suggestions for the divorce division of investment life insurance in China. |
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