Study On The Application Of The Significant Increase Of Danger Degree In The Restoration Of Insurance Contract

The life insurance contract is different from the general contract,and has the distinct characteristics of long-term,continuous,saving type and so on.Usually the way of paying insurance premiums in the life insurance contract is to pay in installments,so the possible adverse consequence is that the insured person can not pay on time according to subjective reasons such as negligence or financial difficulties,at this time,if the insurer in accordance with the general basic principles of civil law directly cancel the contract,will not only cause the insured party to lose insurance benefits,And it will also damage the operating conditions of the insurer.In this case,the compound effect rules of the life insurance contract came into being.Balancing the interests of multiple parties to an insurance contract and ensuring the maximization of benefits is the original design of the rule.In the specific standard design,how to balance the interests of the policyholder,the insurer and the insured to better promote the prosperity and development of the insurance market involves the identification and understanding of many legal factors.The specific application of this provision,which is a significant increase in the level of risk,is an important element of many factors.However,compared with the reality that China's insurance industry started late and the legislation is not perfect,the application of the rules on the restoration of personal insurance is somewhat simple,and careful study will find that there are many gaps and gaps in its provisions.Gaps in legal and judicial2 interpretations have led to many controversies in the specific application of provisions for a significant increase in the level of risk.For example,in the definition of “hazard level”,it is not appropriate to regard material hazard as the sole criterion for identification.The application of moral hazard mode to the moral hazard model will weaken the disciplinary effect,and whether the psychological risk should be included in the use standard;The problem of identification is based on the particularity of the subject-matter insurance contract,and its dangerous increase is difficult to measure.Therefore,the determination of the time node during the suspension is unfair.If the insurer chooses to refuse the re-effect,then the proof of proof is also difficult;The requirement to reduce the risk of "reduction of the risk" is only in the property insurance contract,and the life insurance contract is also necessary.On the other,it is very necessary for us to re-examine and explore the specific identification and application of the provisions on the significant increase in the degree of danger,starting from the realistic value of the rules on the restoration of insurance contracts,and finally to make positive and constructive suggestions for the continuous improvement of this provision in the rules for the restoration of insurance contracts.In the overall identification standard,"affect whether the insurer agrees to underwrite" concretization,"increase the insurance rate" is defined as "substantial";in the objective identification standard,it is necessary to expand the interpretation of "Risk Factors" to cover the financial deterioration,moral hazard,psychological danger and other factors of the insured party,and to distinguish between the treatment,To give the insurer a certain degree of autonomy,in terms of subjective identification criteria,adhere to the "rational insurer" to judge,and through the "Insurer's industry practice","the overall environment when applying for recovery" to improve;in judging the "danger increase" time,it may be necessary to apply for the status of the restoration of the situation as a point of determination,And give the insurer the right to negotiate to solve the problem of adverse selection risk.By clarifying the specific application of the above three aspects of the judgment standard,the existingprovisions should be supplemented and modified as necessary,in order to help carry out scientific judicial discretion and give full play to the institutional value of the rules of complex effect.