The Study About Insurance Interest In Life Insurance Contract

As the economic develops after the reform and opening up period,insurance as a kind of risk transiton system, is becoming more and more important in people's life.Insurance is regulated by law to make sure the system can operate more throughly,so the perfection of insurance law system can influnce people's interest to a large extent.Insurance interest is the core of insurnce law system,and the study about insurance interest is connected with the perfection and innovation of insurance law system.Around the world,for a long time,the study about insurance interest mainly focused on the property insurance,while there is little study about life insurance interest.What's more, the existed study about life insurance interest can not agree with each other on the problems about if the policy of insurance interest should be applied in life insurance contract and how to apply,and so on.In our contry,although the insurance law have confirmed the apply of the insurance interest policy in life insurance,the apply of consent doctrine deprived the actually function of the system.Besides,although the insurance legislation in our country recognize the apply of insurance interest, when we consider more specailly,there are still many problems unsolved about this system,such as the coception of insurance interest is too fuzzy which make the system not operative,the subject and time effection of life insurance interest is not very resonable which balk the function of this system;the range of insurance interest subject is not prefect, little regulation about the change of the insurance interest in life insurance contract,the corporation system is not very perfect,and so on. All these problems make the system of insurance interest not easy to operate. For the reasons above,we should make some relative study about the system to perfect the legislation of insurance interest in our country. The applicability of life insurance interest includes two aspects,that is the feasibility and the necessity of the apply.For the feasibility of the system,there are two different points.From the conception of insurance interest,we can know insurance interest is a kind of economic interest.And life insurance interest is a kind of economic interest,too.Besides,the life insurance interest is a kind of ecnomic interest which is and protected by the law.From this angle, the system can be defined when it is applied in life insurance contract.So the system can be applied in life insurance contract.About the necessity of the system applying,there are three different points,including "affirmation","negation"and "compromise"points.Actually,through some system designing,the life insurance interest can tell insurace from gambling,avoid moral risk and unjust enrichment.And the function of insurane interest on these aspects can not be instead by other system.So it not only can be applied,but also should be applied.After answering the feasibility and necessity of the life interest insurance appliability,we should answer the question of "how to apply the system".This problem involves many topics including the subject effection,the time effection,the change the range of subject and the corporation system,and so on.In order to make the system exert its function compeletely,and make sure the insurance maket running orderly and normally,the subject effection should involve the beneficiary.While the time effection of life insurance interest should have different points under different situation. Besides,the range of subject should include the insured person himself,parents,children,couples,other family with whom there exists the raise or maintanance relationships such as the widowed daughter in law or son in law who raise their parents in law,and the business partners including the creditors,generol parternors,and so on.Besides,life insurance interest is a kind of economic interest,so it can change because of some behavior of the party or the happening of some accidents.But the change only happens in the insurance contract in which the insurance interest is not exclusive.For the contract in which the insurance interest oriented from the exclusive life relationship,the insurance interest can not transit throgh different parties because of inheration,bankruption and transferration. And what's more, the insurance interest can not keep existing all the time,when the relationship between the relative parties changes,the insurance interest eliminates.In order to strenthen the practice of this system,we should adapt the combined legislative mode,confirm the effection of insurance interest and confirm the relative parties' obligation of telling and examination.Throgh the study about the problems above,the shorts of legislative in our country can also be resolved.Specifically speaking,firstly,we should define the concepetion of insurance interest again to make it more expilicit. Secondly,perfect the regulation of subject effection and time effection to make sure the insurance interest can play its role in the life insurance interes.From this angle,we should take the beneficiary as the subject of insurance interest,and confirm different time effection under different situation.Thirdly,confirm the subject range of life insuance interest to make the system more operative;Fourthly,Perfect the regulation about life insurance interest's change; At last,cofirm the effection of insurance interest for the insurance contract and establish the relative parties'obligation of desprition and review,and so on.