Study On The Legal System Of Group Insurance In China

With the development of market economy and the economic system reform,social insurance coverage is more and more extensive.As an important supplement to social insurance,group insurance develops rapidly.However,at this stage,the system of group insurance law in China is not perfect,which leads to a lot of disputes in the legal practice of group insurance in China.Therefore,it is necessary to improve the legal system of group insurance and promote the development of group insurance.This paper is divided into four parts:The first part is the legal definition of group insurance.This part analyzes the connotation and characteristics of group insurance.Group insurance is not an independent type of insurance,but a mode in which the group is the insurer and the members of the group are the insured.There are some differences between group insurance and individual insurance,such as the subject of group insurance,risk selection,business model and so on.In addition,group insurance has the characteristics of flexible insurance mode and low insurance cost.The second part analyzes the current situation and existing problems of group insurance legal system in China.At present,the following problems exist in the legal system of group insurance in our country:the lack of special legislation of group insurance;the lack of specific restrictions on the qualification of the insured group;the unclear obligation of the insurer to explain in group insxurance;the lack of the obligation of the insured to tell the truth in group insurance;the unclear regulations of the group on the insured's interests may cause moral hazard;the fact that the insurance beneficiary It is not in line with the purpose of the establishment of group insurance,and there is no legal basis for whether the effect of individual termination of group insurance extends to the whole group insurance.The third part investigates the legal system of group insurance in other countries and regions.This paper makes a comparative study on the legal systems of group insurance in the United States,Japan,Taiwan and other countries and regions from the aspects of legislative model,qualification of insurance groups and beneficiaries of group insurance.The author thinks that the legal system of group insurance in other countries and regions can be used for reference in the following aspects:the special legislation of group insurance;the qualification of group insurance should be limited;the beneficiaries of group insurance should be clearly limited,so as to ensure that group insurance in essence becomes the welfare of employees.The fourth part puts forward suggestions to improve the legal system of group insurance in China.In order to solve the problems existing in the legislation of group insurance,we can perfect the legal system of group insurance through special legislation.The purpose of special legislation should be established in special legislation,and the identification of group qualification should be clearly defined.In the determination of insurance interests,we should adopt the method of "legal Relationism".In order to avoid moral hazard,the scope of insurance beneficiary should be limited.At the same time,in order to protect the interests of the insurer and the insured,the insured should be added to indicate the object of the obligation and the subject of the obligation.Finally,the "partial validity principle" is adopted for group insurance contract,and the individual's termination of the contract will not affect the effectiveness of the whole group insurance contract.