Study On The Implementation Of Cash Value Of Personal Insurance Policy

In the legal practice of life insurance,it often happens that the executive department of the people's court requests the insurance company to assist in the execution of the cash value of the policy of the life insurance contract of the applicant.When the applicant,as the executor,has no other property to enforce,and is unwilling to terminate the life insurance contract and pay off the debt through the cash value of the insurance policy obtained,whether the court's executive department can enforce the cash value of the life insurance policy or not is controversial in theory.In addition,laws and regulations,judicial interpretation are still lack of clear and specific provisions,resulting in many disputes in real life.As we all know,the cash value of insurance policy is a kind of special interest of life insurance contract.Implementation is the last line of defense to achieve social equity and justice.The Supreme People's court made a solemn commitment in 2016,striving to solve the implementation difficulty within two to three years.Given the current situation of difficult enforcement,if the cash value of insurance policies has been kept away from the scope of enforcement,it is likely that this behavior has inadvertently contributed to the risk of debt evasion.However,if the cash value of the policy is enforced,it will not only damage the interests of the insured and the beneficiary,but also affect the normal production and operation of the insurer.Therefore,it is necessary to discuss the enforcement of cash value of insurance policy.In fact,the cash value of an insurance policy is enforceable,which does not necessarily mean that it can be enforced.In other words,the object of enforcement is not necessarily related to the method of enforcement.Starting from the concept of cash value of insurance policy,this paper briefly introduces the current situation of the implementation of cash value of insurance policy and the problems that may be caused by the court's enforcement actions in practice,and further analyzes whether the cash value of insurance policy is enforceable and whether it can be enforced.Secondly,we should take a look at the legal system of the implementation of the cash value of overseas insurance policies,and draw lessons from the essence.Finally,to a higher level,combined with the actual situation and the original intention of enforcement,the paper puts forward innovative multiple realization methods of insurance policy rights and interests,taking into account the interests of all parties to the maximum extent,hoping to be helpful to solve the problem.The main content of this paper is divided into the following five chapters:The first chapter mainly introduces the definition and right attribute of the cash value of the insurance policy.In practice,there are some enforcement measures of the court that confuse the difference between the cash value of the insurance policy,the insurance premium and the insurance premium.Therefore,the concept of the three is briefly analyzed.The second chapter starts with the theoretical and practical status of enforcement of cash value of life insurance policy,and then introduces some problems exposed in the process of court enforcement.There are two opinions about whether the cash value of life insurance policy can be enforced,positive and negative,which have not reached a consensus.In practice,the cash value of life insurance policy also lacks the established standards and standard procedures in the enforcement.Different courts take different enforcement measures,and there are also many objections.The third chapter first discusses whether the cash value of the insurance policy is enforceable.It analyzes the nature of the right,the basis of enforcement and the premise of enforcement of the cash value of the insurance policy,and makes it clear that the cash value of the insurance policy is enforceable.Then,it explores whether itis reasonable and legal for the court to enforce the cash value of insurance policy.There is no doubt that the court's enforcement of the cash value of the insurance policy conforms to the actual needs and has certain rationality in terms of maintaining the authority of the judgment or protecting the interests of creditors.However,the enforcement involves the disposal of personal property,which has not been clearly stipulated by relevant laws and judicial interpretations,so the cash value of the enforcement policy is not legal.That is to say,the cash value of insurance policy is enforceable,which does not necessarily mean that the court can enforce the cash value of insurance policy.The fourth chapter mainly focuses on the foreign countries,briefly introduces the system regulations of the relatively mature countries,such as the United States,Japan,Germany and so on,in order to seek the valuable experience of insurance policy enforcement.To some extent,the federal bankruptcy law of the United States exempts the cash value of life insurance contract policies in the form of free property.In order to balance the interests of all parties,both Japan and Germany introduced beneficiary intervention system.Whether it is the United States of common law system,or Japan and Germany of civil law system,the common trend is to pay attention to the balance of interests of all parties.Finally,the fifth chapter puts forward some suggestions on the enforcement of cash value of life insurance policy in China.The system of beneficiary's right of intervention is introduced with reference to foreign practices.In addition,it also needs to be combined with China's difficult implementation of the national conditions,the special background of social risk increase.Out of the dilemma of the implementation of the cash value of the insurance policy,based on the multiple realization of the rights and interests of the insurance policy,to achieve the ultimate goal of repayment,while coordinating the interests of creditors,insurance contract parties and insurance contract related parties,hoping to provide a more effective measure to solve the problems in judicial practice.