| On the basis of the Insurance Law(2002),the provisions of Article 44 of the Insurance Law have changed the legislation of "insurer’s right of seizure" to "set time limit",it has made a major breakthrough,but still have a space to improve.The legislation did not define "suicide"clearly,currently,there are "suicide" and "intentional suicide" two legislations in the world,in the Article 44 of the Insurance Law,it provides that "the insured suicide",adopt the pattern of ’ suicide",we should define that "suicide is the insured’s active or negative behavior that he pursue the result of his death and he has the knowledge and control of the act and result" in the law and related judicial interpretation.There is no provision about whether the insure should be responsible for the insured’s suicide after the expiry of the exemption.In practice,if the insurer provides that the insurer is exempt from the insured’s suicide after the expiry of the exemption,it does not violate the mandatory provisions of the law,but damage the interests of the beneficiaries,if the insurance contract does not involve the content,it is easy to cause disputes,we should from the perspective of protecting the insured’s family or beneficiary,clearly stipulate that the insurer should be liable for the insured’s suicide after the expiry of the exemption.Have not provided a theoretical basis for the establishment of the two-year exemption period,and there is no research shows that the possibility of that the insured suicide within two years is higher than two years later to fraudulent the insurance indemnity,from the perspective of psychology,we should analyze the period of suicidal ideation suicidal ideation from produce to subsided to provide the scientific basis for the establishment of the two-year exemption period.The purpose of the suicide clause is to prevent moral hazard,but set up the two years is only to infer the insured suicide within two years to fraudulent the insurance indemnity,it is a compromise of prevent moral hazard and protect the interests of beneficiaries,we should add the clause that "there is evidence to prove that the insured suicide in the exemption period is not for the insurance indemnity,the insurer should pay insurance"and "there is evidence to prove that the insured suicide to fraudulent the insurance indemnity,the insurer exempt from liability".About the special person’s exception,civil capacity simply apply to the scope of the application of suicide clause should be traced back to the meaning of the law,we should retroactive the original intention of law,really grasp the four elements of"suicide",focusing on whether the insured person has full sense of suicide,take the insured’s ability to understand and control of suicidal as the standard,stipulates that "the suicide insured that who is minors under fourteen years of age and those people who can not decide their will freely except".Increased reimbursement of insurance contracts,but recalculate the exemption period after the resumption all,we should unite the nature of the insurance contract in theory and legislation after the resumption,based on the principle of fairness,to treat the contract differently according to the time of the insurance contract was established before the suspension of the contract,if the insurance contract was established for more than two years,can set exemption period to one year after the resumption;if the insurance contract was established within two years,can set exemption period to two years after the resumption.It confirms the supervisory system of the guardian for persons with no civil capacity and limited civil capacity in the "General Principles of Civil Law",reducing the possibility that the guardian acquires the minors committing suicide to obtain insurance indemnity,it is more conducive to the protect the rights of persons with no civil capacity and limited civil capacity.However,the existence of suicide clauses is not only related to the system itself,but also there is no complete death causes confirmation procedure and the system of registration of people with no civil capacity to cooperate.Consideration should be given to the establishment of a coroner’s death sentence,so the specialized judge can make the determination in the cases of citizens who are in dispute with the cause of death.For those persons with no civil capacity and limited civil capacity the judge’s determination of whether the insured with civil capacity when he is committing suicide is not only based on the declaration of the court,but also the registration of the civil affairs department or the public security organs. |
