Research On The Legal Issues Of Denial Of Compensation For Moral Hazard Of Personal Insurance

With the support of the country's various policies and the awakening of residents' insurance awareness,China's life insurance industry has entered a stage of rapid development.life insurance promotes economic prosperity,social stability,and making people's families happy and healthy.[ Academic Journals.Yan Guiyi: "Research on Insurance Innovation after China's Accession to the WTO," Qinghai Finance,2002,No.2,pp.52-53] However,it should be clearly seen that along with the great development of the insurance industry,the insurance industry has caused moral hazard.The loss has also been on the rise.China's academic circles believe that the average loss caused by domestic moral hazard to insurance companies should account for about 15% of the amount of compensation and payment expenses.According to this calculation,with the rapid development of the domestic insurance industry,the payment and payment expenses will increase year by year.In 2015,the expected moral hazard loss would be 115.842 billion yuan!life insurance moral hazard refers to: life insurance applicants,beneficiaries,and insured persons,who use their unequal advantages in information,intentionally fabricate or exaggerate life insurance accidents,and intends to obtain life insurance premiums for insurance companies.This behavior is inconsistent with the insurance.Protect the original intention.The Insurance Law does not describe insurance moral hazard,but it gives enumerated descriptions of several forms of insurance fraud: Including: intentional fictional insurance targets,false claims that the occurrence or exaggeration of insurance accidents,deliberately creating insurance accidents,and forging relevant certificates.The main causes of moral hazard are: driven by high insurance interest,the insurance industry's lack of understanding of moral hazard,insufficient investment,and tolerance and sympathy of the social environment.The main hazards of life insurance moral hazard include: 1.Moral hazard brings huge economic losses to the insurance industry;2.It hurts the interests of good insurance customers;3.It destroys the social atmosphere and disrupts normal social order.Its main features are: 1.The subject is related to the insurance accident;2.Subjectively exists intentionally;3.The person's life and body are the means of profitability and the nature is poor;4.The market segmentation is high and the leverage effect is obvious;life insurance policy,claims process.In view of the moral hazard,the insurance industry has adopted various types of countermeasures.However,in the work practice,there are many legal issues in the moral hazard refusal of life insurance: 1.The current domestic legislation on moral hazard is not yet complete;2.The lack of moral hazard Official handling agencies;3.Subjects,competences,capabilities,and other issues existed in insurance companies as the subject of risk identification and response;4.Unclear terms of insurance contract terms and weaker effect of refusal claims;5.Moral risk refusal leads to high involvement rate,Low success rate.Finally,combined with the actual situation of the current domestic response to insurance moral hazard,the legal issues related to moral hazard deterrence were summarized and refined,and legislation was put forward to determine the main body of prevention,to open the administrative agencies to intervene in management channels,and to improve insurance contract terms.Strengthen the ability of insurance companies to respond and strengthen the promotion of insurance laws and other six countermeasures.