| According to the civil capacity of the insured,death benefit insurance can be divided into adult death benefit insurance and minor death benefit insurance.Compared with adults,minors have limited civil capacity,less awareness of risk prevention,and higher moral hazards.Based on this,how to balance the contradiction between preventing moral hazards and satisfying insurance protection needs in the juvenile death benefit insurance has always been the focus of insurance legislation in many countries and regions.According to the characteristics of juvenile death benefit insurance,Articles 33 and 34 of my country’s "Insurance Law" and Article 6 of the Judicial Interpretation III of the Insurance Law stipulate that juvenile death benefit insurance varies from the scope of the insurance subject and the right of consent of the insured.There are special regulations on exercise and insurance amount.However,because the relevant regulations did not fully consider my country’s actual national conditions when formulating relevant regulations,my country’s current juvenile death benefit insurance system still faces difficulties such as unclear definition of the insured subject,defects in the exercise of the insured’s right of consent,and unreasonable insurance amount settings.Based on the characteristics of minor death benefit insurance,combined with the high cost of raising children and the incomplete pension system in China,it is clear that my country’s minor death benefit insurance system should give priority to preventing the occurrence of moral hazards,and secondly,fully affirm the family’s insurance protection.Demand.At the same time,through the perspective of comparative law,we can learn from the advanced legislation experience in the world,and point out the direction for the improvement of my country’s minor death benefit insurance system.Specifically: First,clarify the scope of insured entities.It is clear that the types of "parents" that can be the subject of insurance include biological parents who have custody of their children,stepparents and adoptive parents who form a foster relationship with their children,and determine "other persons performing guardianship duties" as minors’ grandparents and maternal grandparents And adult brothers and sisters,and expand the scope of insurance subjects under certain circumstances.Second,establish rules for exercising the right of consent of minor insureds.Distinguish the exercise of the right of consent of minors with different civil capacity,draw on the experience of extraterritorial legislation,establish a mechanism for separating the insured person and the right of consent,and exempt the exercise of the right of consent under certain circumstances.Third,improve the mechanism for limiting the amount of insurance.Set up multiple insurance amounts according to different ages,and set up differentiated insurance amount standards according to the economic level between regions,urban and rural areas.Fourth,strengthen the underwriting work and responsibilities of insurers.Improve the underwriting mechanism of the insurer,strengthen the review work,establish an information sharing mechanism for the insurance industry,and increase the liability of the insurer for careless underwriting and illegal underwriting. |
