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The System Construction Of Insurance Trust From The Perspective Of Family Wealth Inheritance

Posted on:2021-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:D D ShaFull Text:PDF
GTID:2416330647450094Subject:legal
Abstract/Summary:PDF Full Text Request
Insurance trust is a kind of financial innovation under the fierce financial competition,which belongs to the cross financial business.Insurance fund trust can not only protect the vulnerable insurance beneficiaries such as the minors,the elderly or the physically and mentally handicapped groups,but also concentrate the advantages of life insurance and family trust,which makes it have a good development prospect in the private financial market of our country,and also has great economic value for family wealth inheritance.From the perspective of wealth inheritance,this paper analyzes the legal risks existing in the operation of insurance trust and gives some thoughts and suggestions in order to contribute to the development of insurance trust.This paper is divided into six parts:The first part introduces the research background and significance of insurance trust,as well as the domestic literature review.In addition,it introduces the main research methods and innovations.The second part introduces several main family wealth inheritance tools,such as will,life insurance,trust,insurance trust.It highlights the obvious advantages of insurance trust through comparative analysis.The third part gives a general overview of insurance trust.This part introduces the concept,function advantages,classification and development status of insurance trust in China.The fourth part introduces the operation mode and supervision mode of insurance trust in the United States,Japan,Chinese Taiwan.On this basis,it analyzes and summarizes the experience that can be used for reference by insurance trust in Chinese mainland.The fifth part introduces the legal risks in the theory and practice of insurance trust inChina.Insurance trust involves the legal relationship between insurance and trust.From the perspective of insurance legal relationship,we need to consider the risks involved in the insurance contract itself,the risk of the possibility of enforcing the cash value of the insurance policy,and the risk of unclear ownership of the right of change of the insurance beneficiary.At the same time,it also analyzes the legal issues of the trust legal relationship,mainly focusing on the legality of the trust property and the parties in the trust legal relationship.The sixth part is about Suggestions on improving the system of insurance trust in China.In order to give full play to its advantages,the development of insurance trust in China must be based on the relevant basic legal system.At the same time,we should strengthen the connection between insurance law and trust law and perfect the pertinent laws and regulations.Only by unifying the relevant laws and regulations can we unify the standards in practice.Of course,the healthy development of insurance trust is also inseparable from effective supervision.The establishment of the CIRC has effectively supervised the implementation of the insurance fund trust.However,the specific regulatory rules involved in the actual situation and the communication and coordination with the regulatory authorities need to be further clarified and refined.
Keywords/Search Tags:wealth inheritance, insurance trust, trust property, financial supervision
PDF Full Text Request
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