Study On Insurance Of Minor Which Take Death As Insurance Liability

The death insurance of minors is always a special area of moral hazard prevention in insurance legislation.Although the legislation of our country is attached to the protection of the rights and interests of minors,there is still a lack of protection against the moral hazard of minors' death insurance and the realization of its function."Judicial Interpretation of Insurance Law" further improves the specific rules of minors' death insurance,but it still sticks to the original legislation of the regulatory approach,and it failed to solve the fundamental problems of the existing rules.As self-guard awareness and protection of minors are more vulnerable to that of adults,therefore,it is particularly easy to occur moral hazard risk when the insurance contracts is signed on the condition that minors are insured,with death for payment and also need special treatment in the legislation.Through the analysis of comparative law,combined with China's current insurance practice,it is necessary to reform the rules of minors' death insurance.The direction of reform mainly focuses on the following three aspects: Firstly,we should clearly stipulate the applicant and expand insurable interests appropriately,when controlling moral hazard while taking into account the guarantee needs.Secondly,with reference to the provisions of China's Taiwan region we can set limits through funeral expenses and age,filling the gaps in the current law of our country.Thirdly,we should implement insured approval of person with limited capacity,and restrict the proxy of parents to minors.And we should earnestly realize the protection effect of the insured person's insured approval to minors as the "first line of defense" of moral precautions.