Research On Statutory Disclaimers Of Chinese Life Insurance Contract

In recent years,the premium income of China’s insurance has been growing rapidly and the growth rate has been slowing down,which reflects the transformation of China insurance industry from "quantity growth" to "quality growth".The continuous proposal of relevant national policy support,the rapid development of the big data field,the continuous improvement of national insurance awareness,the continuous upgrading of consumption level and consumption concept,and the continuous enrichment of market entities,all provide development opportunities for the insurance industry.On the one hand,the rapid development of the insurance industry promotes the continuous upgrading of life insurance products.At the same time,as the carrier of life insurance products,the terms of life insurance contracts are constantly evolving and changing.On the other hand,due to the particularity of the legal disclaimer of life insurance contracts and the increasing awareness of consumers’ legal rights protection,the insurance law has exposed more and more applicability problems.By analyzing the legal escape clauses of life insurance contracts,this paper hopes to put forward corresponding Suggestions to limit and shorten the clauses,so as to make sure that there are laws to follow,and to give play to the functions of life insurance system,such as diversifying risks,making up for losses and guaranteeing the life of survivors.The study of this paper also has its practical significance,that is,for both parties to the insurance contract,it can reduce moral hazard and prevent the exemption clause from being abused;From the judicial perspective,it can effectively reduce legal disputes and simplify legal procedures.From the perspective of social influence,the restriction can not only meet the requirements of public policy,but also meet the reasonable expectation of people on the guarantee function of life insurance system.This paper takes the study of legal escape clauses of three life insurance contracts as the main line,and adopts the historical analysis,comparative analysis and case analysis.Firstly,historical analysis is used to trace the causes of the revision of legal escape clauses and the direction of continuous development and improvement.Secondly,from the perspective of comparative analysis,this paper compares the connotation and purpose of this article in different countries and regions.And discusses the advantages and disadvantages of legal regulation in different systems.Finally,with the relevant cases published by the China Judgments Online as a tool,this paper summarizes the practical difficulties in judicial application,sorts out the vague and unclear provisions in the legislation,and puts forward relevant Suggestions.According to the above ideas,this paper is divided into seven chapters.The first chapter is "introduction".In the background of the white-hot insurance litigation disputes,the significance and purpose of this paper is affirmed.By sorting out the domestic and foreign literatures,the shortcomings of the current research status are clarified,and on the basis of the existing research,the research ideas,methods and innovation points of this paper are discussed.The second chapter is "the connotation and extension of the escape clause of insurance contract".Taking the escape clause as the starting point,this paper clarifies the concept and classification of the escape clause and the escape clause of the insurance contract and distinguishes the escape clause of the insurance contract from the general escape clause.Then it analyzes the causes of the escape clauses in insurance contracts from the perspectives of standard clauses and the insurer’s demand for risk management and discusses their functions and legitimacy in depth.The third chapter is "escape clause of life insurance contract and its dispute".Firstly,this paper expounds the embodiment of the disclaimer clauses in the life insurance contract and analyzes the reasons for the continual decrease of the disclaimer clauses.Secondly,the legal disclaimer clauses of three life insurance contracts are expounded.Finally,this paper makes an in-depth analysis of the focus and causes of the dispute.The author believes that the dispute mainly focuses on the insured’s subjective intention to breach the exemption,the burden of proof and the evidentiary force,and the applicability of the special regulations mentioned in the provisions.The fourth chapter is "statutory disclaimer clause of the insured’s intentional killing clause".Firstly,the connotation,meaning and evolution of the articles are sorted out.Secondly,from the perspective of comparative analysis,it clarifies and analyzes the relevant provisions of some countries and regions.Finally,the author makes a distinction between the subjective intention of the policy holder and the situation of the policy holder’s intentional killing of the insured.The fifth chapter is "the suicide clause of the statutory exemption clause".After a brief description of the content,meaning and insurability changes of the clauses,the evolution and changes of suicide clauses as well as suicide clauses in other countries and regions are sorted out.Then,this paper discusses from several angles whether the suicide clause should be distinguished between "intentional suicide" and "negligent suicide".Meanwhile,it also puts forward that the determination of exceptions should learn from the relevant provisions of Germany,and prove the difficulty of proof of the insurer through multiple cases.The sixth chapter is "intentional crime clause of statutory exemption clause".From the perspective of meaning and evolution,the article of intentional crime has been deleted in some countries and regions.This paper proposes that the insurer should be exempted from liability for intentional crime with the purpose of defrauding insurance money,and the legal effect of the provisions on the relationship between intentional crime and the proximate cause of death should be improved.Chapter seven is "conclusion and revelation".Through the study of the legal disclaimer clauses of life insurance contract,the author hold the opinion that the establishment of it should follow the principle of maximum good faith,the principle of fairness and justice,the principle of consumer protection and the principle of paying attention to the function of life insurance protection.In addition,the author also summarizes the current legislative trend of legal escape clauses of life insurance contracts,that is,the content is constantly shrinking,the number is constantly decreasing,and the burden of proof of the insurer is constantly increasing.In addition,in the enlightenment part,the author puts forward personal Suggestions from three perspectives: legislative regulation,judicial regulation and administrative regulation.In the legislation,attention should be paid to distinguish the subjective intention of the insured to violate the exemption of liability,to improve the provisions on the relevant burden of proof and force of proof,and to settle the disputes on the applicability of the special provisions involved in the provisions.Judicial trial and insurance supervision should also keep abreast with insurance legislation.On the one hand,the Supreme Court should strengthen the arrangement and release of typical cases related to legal disclaimer clauses of life insurance contracts.On the other hand,judges should deepen their understanding of insurance law,insurance system and legal escape clauses of life insurance contracts.On the other hand,the insurance regulatory authorities should strictly examine the relevant clauses of insurance companies and release more model clauses.Meanwhile,the consumer departments should strengthen the sorting and reporting of consumer opinions and similar issues.This paper is innovative in the aspects of research perspective,research object integration and research content expansion.Life insurance,from the existing only from the perspective of law,combined with the perspective of insurance;Secondly,it does not use single clause as the entry point,but the legal escape clause of life insurance contract as the research object;New research contents have been expanded in the inspection and improvement of the articles.