Research On Validity System Of Reinstatement System In Personal Insurance Of China

As an important system of balancing the interests of the parties to an insurance contract,the system of reinstatement exerts great social value.The construction of the reinstatement system should be based on the security function of insurance system,considering the design of its supporting rules,and consulting the calculation rules of the period of suicide exemption and the incontestable period,so as to give full play to the function of the reinstatement system.The design of the supporting rules should be based on the twice value choices which the reinstatement system will inevitably bring.The first value choice takes “security” as the core,which is the rule for the calculation of the “security” period based on the consideration of moral risk prevention after the conclusion of insurance contracts;the second value selection takes “insured's protection” as the core,which is the rule for the calculation of the “insured's protection” period based on the insurance function and social value after the reinstatement of insurance contracts.In order to ensure the sound operation of the reinstatement system,we should probe into it from the dimensions of the suicide exemption system and the incontestable system.Firstly,As a public policy choice,the suicide exemption system is partially biased in the “tug-of-war” of interest,which leads to overkill and excessive prevention.there is the suspicion of suicide “forced” mechanism.Because of it's formalism of justice,insurance of the Person can not give full play to the function of “Safeguarding survival benefits and death benefits” and the function of stability and comfort.In order to increase the internal sprawl and eliminate the rigidity,the local reconstruction should be taken into account: At the time of the first value choice,we shall abandon the rigid distinction of “one-size-fits-all” and adopt the moral risk presumption model of “principle + exception”.At the time of the second value choice,we shall eliminate the provision of recalculating the period of suicide exemption after reinstatement and adopt the practice of not recalculating the period of suicide exemption after reinstatement.We shall also add the priority clause of “increased premium” in order to fully apply the risk increase notification obligation rule.Secondly,as a technique of balancing interests,the incontestable system has gone to the extreme of striking the insurer's legitimate defense in the process of striking the insurer's malicious defense,which leads to the serious deviation of the system value and the extreme arbitrariness of the system.In order to avoid the falsification of the twice value choice of the reinstatement system and realize the consideration balance of the insurance relationship,we should optimize its examination: At the time of the first value choice,we should add an exception to the incontestable clause,excluding the possibility that fraud,intentional and gross negligence may be subject to the incontestable period,thus preventing malicious defense.At the time of the second value choice,we should not recalculate the period of incontestability in order to solidify public's stable expectations of insurance.Thus give full play to the effectiveness of the system and highlight the legal technology and humanistic care.