The Legal Issues Of Insurance Payment As Heritage

"The People's Republic of China Insurance Law" by the large-scale modifications, was October 1, 2009 came into effect. The new law makes up a lot of loopholes of the old one and improves the legal system of Chinese insurance. The original "Insurance Law" Article 64 has been modified into Article 42, an increase of the insured and the beneficiary as a common disaster clause, paragraph 2, to fill a legal loophole. Meanwhile, among the existing system of insurance law, while emphasizing protection of the interests of the insured under the concept of Article 42, the death benefit as the insured person's estate has a certain rationality. But this approach ignores the differences of insurance payment and the heritage in the existing systems, as well as the distinctions between them, causing confusion in theory and practical operation. Besides these, in the interest competition of the insured and the beneficiary, the law appears to be in a dilemma. Therefore, this thesis suggests the introduction of the policy holder, to determine the ownership of insurance payment. From specific system level, it is the use of the trust system and insurance combined to achieve a reasonable insurance operation. As related systems have been abroad, trust system of China is developing in the process and the insurance industry is constantly growing, it is expected to achieve the effective integration of insurance and trust. Through the insurance trust system, a reasonable insurance carriers and distribution is feasible with the lack of the beneficiary. There are three parts in the body. The first chapter of the problem: "Insurance Law" Legal Analysis of Article 42. This thesis raised from "Insurance Law" Article 42, which was amended and supplemented from the original "Insurance Law" Article 64. Law has been amended to have some progress, at the same time has its own rationality; but shortcomings remain: there're same problems in the theory as well as the practice. The most simple way of solving the confusion of insurance payment and heritage is, do not change the nature of insurance, only to use the heritage of dealing with inheritance laws on disposal of the death benefit.Chapter Two further issues: the difference between insurance payment and heritage. Among the shortcomings of Article 42, the confusion of insurance payment and heritage is a new problem after the new law coming into force, and it is the focus of this thesis. There are differences between insurance payment and heritage both in theory and in the system, so the insurance payment into heritage is not scientific, and also unnecessary.Chapter Three for the solution to the problem: the introduction of insurance policyholders through the insurance trust. The introduction of the insurance policyholders can solve the problems of "Insurance Law" Article 42, and the insurance policyholders also have its rightful place, the article explained the reasons from four aspects. On the system level, through the insurance trust system, it can establish the status of the insurance policyholders and restrict their rights on a reasonable level, while achieving a reasonable disposition of the death benefit and operation. The legal proposal in the first chapter is only a short-term expediency; it can only solve the confusion of insurance payment and heritage. But in this chapter, the insurance trust system is a long-term way of solving the problem fundamentally, while the insurance trust system also has many advantages which should be well used.