Research On Reinstatement Rule Of Insurance Contract

With the advancement of society,the term insurance has become more and more frequent in the lives of ordinary people,people began to pay attention to insurance,understanding of insurance,and began to hope that through the insurance business to reduce the risk of life,There is a growing number of legal issues related to insurance,and this issue has been more and more attention by the legal profession and legal workers,and one of the important concern is life insurance contract recovery system.Life insurance contracts are mostly long-term insurance contracts,in the process of installment payment,the insured will inevitably occur due to a negligence or due to economic problems without timely payment of premium situation,but this will result in the termination of the insurance contract.However,the purpose of the reinstatement system is to avoid long-term investment interests of the insured damage,balance the interests of both parties to the insurance contract,the pursuit of maximizing the interests of both sides.October 1,2009,a comprehensive revision of the Insurance Law formally implemented.The formal implementation of the the Act is not only an important progress in the development of China’s insurance law,but also an important measure to perfect the legal system of the socialist market economy with Chinese characteristics.It has a far-reaching and long-term effect on regulating the insurance behavior,protecting the legitimate rights and interests of the parties,strengthening the supervision of the insurance industry and promoting the further development of the insurance industry.But the life of the law is to implement,in view of the problems encountered in the insurance practice,the relevant departments have issued a series of supporting measures,Such as "the insurance company management regulations","insurance professional agency regulatory requirements","insurance assessment agencies regulatory requirements",which is not only improves the operability of the new insurance law,but also solves many problems in the insurance practice.As a specific system,the system of reinstatement is clearly stipulated in Article 36 and Article 37 of the Insurance Law of the People’s Republic of China.However,due to the contents of relatively simple,it is not conducive to the actual operation,and there has been many problems in the practical application of the process,therefore,the Supreme People’s Court in the "Insurance Law Interpretation(3)" Article VIII of the problems encountered clearly defined.This paper takes the method of interpreting mathology,comparative research and so on.Based on the current judicial law and insurance law judicial interpretation,and I also refer to the legislation and judicial practice of the United States,Japan,Chinese Taiwan and other countries,and the suspension system of insurance contract.Efficiency system to explain the analysis,and put forward some more suitable for the current insurance practice.This article is divided into four chapters.The first chapter expounds the meaning of the reinsurance system of the insurance contract,the legal nature of insurance contracts after the reinsurance,and the legislative value of the reinsurance system.The second chapter is the most important chapter,through the "Insurance Law" of Article 36 th and 37 th for analysis,explains the reinstatement of the insurance contract suspension system and the system of grace,reinstatement of the insurance contract applicable procedures,the legal effect during the reinstatement,reinstatement system and the terms of suicide,on the issue of premiums and interest payments.We will get a better understanding of the provisions and application in the reinstatement System of the insurance contract.The third chapter is also important.Through analysis the "judicial interpretation of Insurance Law(3)," the provisions of Article VIII and insurance practices,explained the "significant increase in the risk of the insured," the difficulty to ientify the "Suspension period ",those two issues.For insurance practice how to apply the provisions of the judicial interpretation,provides some help.The fourth chapter is to summarize the views of this article,draw conclusions,and for specific issues,put forward some constructive proposals and legal amendments to the program.