Research On Insurance Interests Of Life Insurance In China

The object of life insurance is the human longevity and health, which also makes the development of life insurance always with great controversies in academic circle and practical circle. Especially in the aspect of insured interest which is called "soul of insurance law", all schools of thoughts contend for attention and different countries formulate various laws and regulations. However, there is no convincing conclusion yet. Though the new Chinese Insurance Law has implemented certain development and perfection on insured interest, especially the insured interest of life insurance, there are still great controversies about it. This thesis analyzes and discusses the controversial systems and constructs the thesis through introducing the logic idea of what, why and how the insured interest of life insurance is.The whole thesis is divided into four parts to discuss in details and its main contents are as follows:The first part is the introduction that puts forward study significance, status and methods of the insured interest problem of life insurance in China. It’s pointed out that the insurance can satisfy the need of modern market economic development and social system transformation, prevent risks, reduce risk losses and save social risk management costs. From happy and peaceful life of individuals to stable development of society, from the proper arrangement for life-and-death issues to management of social calamity, accidents and emergencies, the life insurance reflects its huge function and significant meaning. Thus, the insured interest of life insurance principle has become the basic principle of insurance. The purpose of life insurance is to prevent the use of insurance for gambling and fraud, serious destruction of economy and trade, extreme threat to personal safety and the swaying of current foundation in the insurance system. The appropriate appearance of insured interest theory distinguishes insurance from gambling and defines boundaries between good and evil. Hence, it becomes the core theory of the insurance system. In addition, the specificity of life insurance leads to many problems of insured interest for its application in the life insurance. As for the significant and controversial legal system like insured interest of life insurance, the thesis exerts great significance for its discussion. Meanwhile, this part also makes some elaborations on the status analysis of current insured interest of life insurance. With regard to the study of insured interest of life insurance, foreign scholars conduct a relatively deep study and their experiences are worth of learning. In the end, the thesis puts forward the study method by adopting four analysis methods including the empirical and multiple perspectives methods to construct this thesis.The second part introduces the legislation theory of insured interest of life insurance and focuses on definition of insured interest of life insurance. By introducing the emergence and development of insured interest of life insurance and understanding the historical background and development of the related theory, this part discusses the three major functions of insured interest of life insurance. Besides, it analyzes functions of life insurance to prevent moral hazard and become gambling tools. With regard to the concept definition of life insurance interest, the optimum method interest is said to solve practical problems. However, there exist some problems; for example, concept explanation is too general which is unfavorable to the judicial practice application of the system. What’s more, three key components of life insurance interest are put forward to show its basic characteristics. Finally, the thesis introduces three legislative principles of life insurance interests. By introducing the legislative theory, one can understand what the problems in the insured interest of life insurance are.The third part is the legal contrast of recognized standards for insured interest of life insurance. It focuses on the overseas recognized standards of insured interest of life insurance, especially for two different recognized standards of law countries（regions）. Besides, the recognized standards for insured interest of life insurance in civil law system represented by Germany, France, Japan and Chinese Taiwan are introduced in details. What’s more, the recognized standards for insured interest of life insurance in Anglo-American law system represented by like United States and Britain are also introduced. By comparing these two recognized standards for insured interest of life insurance, the thesis puts forward advantages and disadvantages of them. Secondly, it introduces the recognized standard for insured interest of life insurance in Chines Insurance Law.The fourth part introduces the problems and policies in specific rules of insured interest of life insurance in Chinese Insurance Law. From five aspects including concept for insured interest of life insurance, subject scope, existence point and examination duty for insured interest of life insurance, the thesis implements profound thinking. Furthermore, it puts forward five problems, for instance, the concept for insured interest of life insurance is not clear enough, its subject scope is narrow, the existence point is not refined and the examination duty lacks detailed rules With regard to these problems, the thesis also offers some perfect suggestions like defining the concept for insured interest of life insurance, broadening subject scope, refining existence point, adding specific rules for the examination duty and confining the life insurance on the condition of eligibility for benefits.