Research In Improving Insurance Contract Reinstate Regulation

As a unique system applied to the Insurance Law,reinstate system is of great significance for maintaining the effectiveness of insurance contracts and protecting the rights of insurance applicant,insured and beneficiaries.Insurance Law established the reinstate system in person insurance,emphasizing the provisions of the insurance contract shall not be effective unless the insurer and the insured have reached an agreement,which is also known as the “consent model”.Due to giving too much right to know to the insurer under the “consent model”,the abuse of the right of consent in reality usually hinders the reinstating of the insurance contract.Although some scholars argue that reinstatement works in the property insurance contract,but because of the "Insurance Law" does not stipulate in the property insurance contract,so this article is not included in the scope.In the latest Interpretation III on the Application of the Insurance Law of the People's Republic of China by the Supreme People's Court,the 8thArticle limits the justification for insured's refusal in a range that “the insured's risk level is significantly increased during the period of suspension",known as the “insurable model”,being more in line with the intention of Insurance Law.On the basis of exploring the legal basis,investigating the different legislative models and combing the different views of the scholars of the insurance contract reinstate system,this paper analyzes the overall appropriateness,the effective mode of the reinstatement rules and dunning system in the "Insurance Law" and "Judicial Interpretation III of Insurance Law" and other specific rules,and expands to the possible problems of reinstate system,such as whether the insured and the beneficiary have the right to apply for reinstatement,calculation of related period etc..Based on these researches,the paper proposes to clearly define the time boundary of the insurable model of reinstate system under the “Judicial Interpretation III of Insurance Law",taking six months or one year as the demarcation,the first six months or one year shall be the automatic recovery period,six Month or a year latershall be the validity protection period in order to establish a loose security model;treat the guarantee in a position of a rational insurer and clearly defined as "the extent to which the degree of danger is significantly increased during the period of suspension" in Article 8 of the Judicial Interpretation of Insurance Law,defined as"the extent to which the insurer is refused to be insured";define the reinstate contract as a special combination of the original contract and the new contract,and the parties have the right to change the relevant funds,and endow the insured and the beneficiaries the right to reinstate;and establish a complete regulation of the renewal of the insurance,in particular,regulate the obligation of the insurer to dun the insurance fee.