Research On The Protection Of The Rights And Interests Of The Insured Under The Circumstances Of Arbitrary Termination Of The Life Insurance Contract

Under life insurance contracts,applicant’s arbitrarily right to terminate the Contract is conducive to balancing the negative impact of the speculative nature and the attachment of insurance on the insured,but in a life insurance contract in which the policyholder is not the insured,the exercise of the arbitrarily right to rescind will easily threaten the insured’s insurance protection interests and the right to claim insurance compensation.The current insurance law system in China does not impose any restriction on the exercise of the policyholder’s right to terminate arbitrarily,and the relevant judicial interpretations clarify that the insured has the right to pay a certain amount of consideration when the policyholder terminates the contract in order to keep the insurance contract in force,but due to the lack of specificity and comprehensiveness of the regulation,the legal effect of taking into account the interests of the insured is not achieved in judicial practice.In terms of the necessity of protecting the rights and interests of the insured,firstly,as the third party in the life insurance contract,its trust interests deserve legal protection;secondly,based on the core position of the insured in the insurance protection,the protection of the rights and interests of the insured should also be strengthened in order to truly play the function of insurance to disperse risks and compensate losses.In terms of the necessity of regulating the policyholder’s right of arbitrary cancellation,the unrestricted policyholder’s right of arbitrary cancellation is against the requirements of the principle of utmost good faith,the principle of prohibition of abuse of rights and the principle of proportionality,of course,the regulation of the policyholder’s right of arbitrary cancellation should be based on the premise of protecting its independence from infringement.Therefore,in order to take into account,the rights and interests of the insured in the case of arbitrary cancellation of life insurance contracts,the current arbitrary cancellation right system should be improved.In terms of the specific improvement path,firstly,the rules of the exercise of the right of arbitrary cancellation should be regulated from the legislative level,including the clear obligation of notice before the act of cancellation,the limited period of the exercise of the right of arbitrary cancellation,the clear way of the exercise of the right of arbitrary cancellation and the improvement of the rules of the exercise of the "right of redemption",so as to realize the interconnection between the systems and fully protect the realization of the rights and interests of the insured.Secondly,the judicial discretion should be exercised to build a review mechanism for the abuse of the right of arbitrary discharge,and the principle of prohibition of abuse of the right and the principle of proportionality should be used as a guideline to regulate the abuse of the right of arbitrary discharge by the policyholder in the judicial process.This paper is divided into four chapters,except for the introduction and conclusion:The first chapter,based on the statistics and analysis of 75 cases of disputes over the policyholder’s right to arbitrary cancellation,exposes the problems of the insured’s rights and interests being seriously damaged by the improper exercise of the policyholder’s right to arbitrary cancellation in judicial practice,including the loss of the insured’s right to know the existence of the life insurance contract,the loss of insurance protection benefits and the right to claim insurance benefits.At the same time,we summarize the shortcomings of the protection mechanism for the rights and interests of the insured in the case of arbitrary cancellation by the policyholder at the legislative level,including the lack of realistic operability of the realization of the insured’s "right of redemption" and the lack of a remedial mechanism for the insured’s rights and interests.The problems revealed in the first chapter lay the foundation for the subsequent chapters.The second chapter analyzes the causes of the damage to the rights and interests of the insured in the case of arbitrary rescission of life insurance,mainly covering the imbalance between the value orientation of the "focus on" principle of contractual relativity and the "ignoring" reliance interest of the third party and the institutional regulation of the interests of the insured and the policyholder.The value orientation of "emphasizing" the principle of contractual relativity and "focus on" reliance on the interests of third parties has not only influenced the formulation of relevant judicial interpretations but also influenced the judicial decisions of the courts,and this value bias needs to be urgently corrected;while the legislative regulation of the policyholder’s right to terminate and the reliance on the interests of the insured are overly tilted.In addition,the over-leaning of the legislative norms towards the policyholder’s right of arbitrary termination and the insufficient supply of protection for the insured’s rights and interests are the main reasons for the serious damage to the insured’s rights and interests in judicial practice.From the perspective of value balance,the third chapter emphasizes that the system of the right of arbitrary discharge should take into account the protection of the insured’s interests and appropriately regulate the policyholder’s right of arbitrary discharge.In addition,the insured’s body,life and health are the subject of life insurance,which is the core of life insurance contract protection.Only by strengthening the protection of the insured’s interests can the essential value of insurance to spread risks and compensate for losses be realized.Based on the above analysis and discussion,Chapter 4 proposes that the rules of the exercise of the right of arbitrary discharge should be regulated at the legislative level,including the obligation of notice before the act of discharge,the limitation of the period of exercise of the right of arbitrary discharge,the clarification of the exercise of the right of arbitrary discharge and the improvement of the rules of the exercise of the "right of redemption";secondly,the construction of the review of the abuse of the right of arbitrary discharge at the judicial practice level.This includes proposing the principle of prohibition of abuse of rights and the principle of proportionality as the basis for the construction,and typifying the situations in which the policyholder abuses the right of arbitrary cancellation,and setting different legal consequences on this basis,so as to improve the protection measures for the rights and interests of the insured in the case of arbitrary cancellation of life insurance contracts in a more comprehensive manner.