Research On The Legal Issues Concerning The Execution Of The Life Insurance Contract's Cash Value

With the improvement of the economic living standards and the awareness of national risks,insurance has become an indispensable part in our daily life.Whether the cash value of insurance contracts can be executed is one of prominent legal issues of insurance.Since the current laws,regulations and judicial interpretations do not clearly stipulate whether the cash value of life insurance contracts can be executed,the court lacks a uniform standard for adjudication in judicial practice.Thus the cash value execution becomes a trial field for judge's discretion.Many trial ways have emerged,even different sentences in the same case.Not only the courts have different opinions on this in the judicial practice,but different scholars also have disagreements in the academic circles.The issue of the implementation of life insurance contract's cash value has become an urgent problem that needs be solved.Based on the judicial practice cases,this paper summarizes the different viewpoints in the judicial practice and the principles behind it,and finds the controversial focus of the implementation of life insurance contract's cash value.This paper discusses key issues such as the attribution of cash value,the request right for return of cash value and the personal specificity of cash value.On the basis of combining specific national conditions in China,and drawing on the excellentexperience from several countries,it provides theoretical support for the improvement of enforcement system of the life insurance contract's cash value in China.The content of this article consists of the following four chapters:Firstly,The first chapter introduces the connotation and analyzes the forming process of cash value.Secondly,after sorting out all statute of the implementation of the policy cash value from the national law and the legal normative documents issued by the local high courts,we find that the root of the problem lies in the fact that the procedural law and the insurance law do not make provisions for this in China.The second chapter selects the typical cases of different viewpoints for comparative analysis from the judicial practice to search whether the judicial opinions support the execution of cash value,then we point out the differences between the two viewpoints.This paper will focus on this divergence and explore the truth about the problem from different angles.The third chapter analyzes the enforceability of cash value and solves the three key problems of the cash value of life insurance policy: the attribution of cash value,the request right for return of cash value and the personal specificity of cash value.Finally,we make the conclusion that the cash value can be executed.The fourth chapter introduces the two typical execution systems of the US minimum exemption and German-Japanese beneficiary intervention,and compares the advantages and disadvantages between the two different systems.The fifth chapter shows the implementation way based on Chinese special conditions.Firstly,we analyze the impact of different insurance products on the implementation from the microscopic point of view.Secondly,we explore the actual impact of cash value execution on the insurance contract stakeholders.Thirdly,we show the general situation of Chinese social insurance account deficit from macro environment.Finally,we design a specific implementation plan for our country.