Research On Legal Problems Of Life Insurance Trust

Life insurance trust is a trust contract signed between the principal and the trust company with insurance money or insurance claim as the trust property.The trust company manages the trust property according to the contract and distributes the income to the trust beneficiary.The development of life insurance trust is very mature in some countries and regions abroad.The domestic research has been paid more attention with the development of products in practice.The life insurance trust has important social value and economic value,its basic guarantee function,can guarantee the rights and interests of vulnerable insurance beneficiaries such as minor or physical and mental disorders,and realize the reasonable arrangement of the insurance policy.In addition,life insurance trust has concentrated the advantages of life insurance and family trust,has a good development prospect in our private financial market,and plays a significant role in the inheritance of family wealth.The life insurance trust is the trust,the home and the adjustment of the trust in nature,but because of the special property of the trust property,the life insurance is related to life insurance.Therefore,when exploring the relevant legal problems in the operation,this paper mainly discusses the legal relationship between the insurance and the trust.Through the research on the products of life insurance trust in the market,it is found that there are many legal problems in the life insurance trust of our country,but the establishment of the life insurance trust is the main legal problem facing thedevelopment of the life insurance trust.This is also the logical starting point of life insurance trust system research.As an innovative financial commodity which combines insurance and trust,life insurance trust must be involved in the logical connection between insurance legal relationship and trust legal relationship,so it is more complicated to study it.As far as the legal relationship of insurance is concerned,the main problems are the risk of the insurance contract itself,the cash value of the insurance policy and the designation and change of the insurance beneficiary;The legal relationship of trust mainly focuses on what is the trust property of life insurance trust,whether it conforms to the requirements of the Trust Law and whether the client has the right to dispose of the trust property and so on.Through combing the problems,this paper holds that before planning the development of life insurance trust in the future,we should perfect the logical connection of the relevant legal concepts,such as determining the ownership of the policy owner and recognizing the dual attributes of the ownership of the trust property,and so on.Only if the basic concept is clear,the standard will be unified in practice.In addition,through the introduction of life insurance trusts in the United States,Japan and Taiwan,it can be learned that the operating modes of life insurance trust products have certain replicability,but they cannot be copied hard.Otherwise,there will be conflicts between the provisions of the law.Therefore,when developing the life insurance trust products in the future,we should base on the relevant legal system of our country in order to give full play to the social value and the economic value of the life insurance trust.As a financial commodity,the future development of life insurance trust can not be separated from the general environment of our financial policy.Therefore,in drawing lessons from the experiences of countries and regions at home and abroad,we also suggest that the financial environment of our country should be further improved.To provide a good macro environment for the development of life insurance trust.For example,under the general trend of financial mixed operation,whether the insurance company can carry out the life insurance trust business is worthy of further discussion,and the establishment of the BankingInsurance Regulatory Commission is to enable the life insurance trust to be effectively supervised.But the specific regulatory rules and coordination between the regulatory departments should be further refined.