| In practice,the insurance period of life insurance contracts is usually longer than other insurance contracts.Therefore,it is often the case that policyholders fail to pay premiums due to various reasons.The reinstatement system,as a unique system rule in the life insurance contract,has a major role in protecting the interests of policyholders and insureds,and also has a major significance in promoting the vigorous development of the insurance industry and maintaining the order and stability of insurance transactions.Insurance law has progressed with the development of the insurance market,and many countries or regions have set up reinstatement systems in their insurance regulations.However,different countries and regions have different options for the reinstatement model.For example,the United States,which takes precedent as the law,adopted the “insurability” in the reinstatement model;friendly neighbors Japan and South Korea adopted the “consent doctrine” model;and Germany,which is known for its rigorous legislation,adopted “ automatism ”."Re-effect mode.The "Insurance Law" of our country mainly adopts the"consent doctrine" reinstatement model.Later,through the interpretation of judicial interpretation,the characteristic of "insurability doctrine" is added.However,there are still many imperfections in China’s insurance contract restriction system.Therefore,this paper will further improve the restriction system in China’s personal insurance in practice,discussing and researching and researching and researching and researching and researching and researching and researching and researching the system.Specifically,it is reflected in the following three parts:The first part of the problem is proposed,briefly introduces the concept of insurance contract resolution,and elaborates why the author should conduct research on the selection of complex mode.The second part introduces the different "complement mode",this article will compare and review the three typical legislative modes,the characteristics of consentialism and the securityism,and explain the reference significance of automaticism model on China’s restriction system legislation.The third part is the choice of China’s reinstatement model,sorting out the main controversies of the existing model in practice,and in-depth analysis of its causes.It puts forward the suggestion that our country should choose the automatism reinstatement model,and focuses on the specific countermeasures to improve the current reinstatement system.The significance of the reinstatement system for life insurance contracts is not only to protect the interests of policyholders and insureds,but to ensure the stable development and efficient operation of the entire insurance industry to a certain extent. |