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A Study Of Death Insurance Problems Of Minors In Our Country

Posted on:2018-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2336330515498225Subject:Law
Abstract/Summary:PDF Full Text Request
The minor death insurance is different from the general insurance.The biggest difference is that if there is moral hazard,the minor is likely to die.And this result is huge and irreparable.Therefore,the control of moral hazard is the core issue of juvenile death insurance.China’s "insurance law" provisions of article thirty-third and Article 34 of the significance is as far as possible to reduce or even eliminate this insurance arising from moral hazard,but also to some extent to meet the nature of the insurance requirements.But some provisions in some minor are neglected to some extent,and without taking into account the minors rights agreed to not fully exercise the situation.So this is in essence from the in-depth discussion of juvenile death insurance moral risk prevention and control.China’s Insurance Law on minors in death insurance problems and analyzing the reasons of the problems and the current situation of our country,and puts forward the solutions,and to seek a way of improvement.This article is divided into four parts.The first chapter mainly introduces the meaning of death insurance.Briefly expounds the basic concept and classification of death insurance,the main concern is the death of minors in the insurance law on balance,priority risk prevention and control aspects of morality.This part is mainly reflected in two aspects,the first aspect is the juvenile death insurance.If the occurrence of moral risk,it is no way to reverse the results.The second aspect is the lack of self-protection awareness and self-protection ability of minors.And the moral risk when they are insured is obviously higher than other types of insurance.The second chapter describes the research results at home and abroad,including the brief description of the main models at home and abroad,and the comparative analysis of the four main modes.In addition,the development of legislation in Taiwan is also an important reference.The third chapter puts forward the problems of our country’s juvenile death insurance.One of the problems is the core research and discussion,there are three main problems:the first problem is the insured subject scope is too narrow.The second problem is to limit the capacity for civil conduct and mental patient consent.The third problem is the lack of appropriate regulation of the violation of the underwriting obligations of the insured.The fourth chapter puts forward some suggestions for the improvement of our country’s death insurance for minors.It’s mainly described in three aspects.The first aspect is appropriate to broaden the scope of the main body of the insured.The second aspect is to limit the capacity for civil conduct the consent right should be exclusive.The third aspect is the violation of insurance underwriting obligations insured should have the corresponding responsibility.In this paper the explanation system and clear a system arrangement of juvenile death insurance,because of the small number of domestic.This paper did not put forward suggestions more novel and innovative,also need to continue to study.
Keywords/Search Tags:moral hazard, legal loophole, legal regulation
PDF Full Text Request
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