Study Of Moral Hazard Of Death Insurance Control Law

Death insurance contract is the personal insurance contract that the insured life isas the subject matter of the insurance. Death insurance has higher moral hazard due toits particularity, so adopting legal control has both social and strong practicalsignificance. Legal control rules of moral hazard about death insurance include thebenefit balance between the insurer and policy holder, combination of beforehandcontrol and afterwards control.It has to determine the scope of controlled subjects since moral hazard fromcontrolling death insurance is regarded to cause accident of insurance. Based uponclaim right of benefits, legal controlled subjects of moral hazard at death insurancecan be divided into the moral hazard of benefits right claimer and the moral hazard ofnon-benefits right claimer. Benefits right claimer includes beneficiary and heir of theinsured. Non-benefits right claimer includes the insurer, the insured and the third party.That beneficiary, the insurer and the third party take the act of killing to the insuredfor benefits, the insured commits suicide and takes intentional crime are regarded asmoral hazard in death insurance, which are controlled denfensively beforehand bylimit of qualification of the insurer, execution of consent right, disclaimer of theinsurer, transfer and pledge of insurance amount, insurance policy. Punitivecontrolling measures afterwards are performed by the loss of right of beneficiary,judge of suicidal behavior of the insured and judge of intentional crime caused todeath sentence. The insurance law of our country has made some progress afterrevising in2009, but the part of controlling measures aimed at moral hazard of deathinsurance is still not exhaustive and lacks workable measures. Judging the scope ofcontrolling subjects of moral hazard, taking legal control to its potential moral hazard,taking defensive controlling measures beforehand as the primary while punitivemeasures afterwards as secondary one, conducting concrete measures about legalcontrol to moral hazard act of moral hazard controlled subject are the emphasis offurther revision, and improve ligislation about morral hazard control in deathinsurance according to this thinking.