Research On The Transfer Rules Of Insurance Subjects

Since the reform and opening up,China has begun to implement a socialist market economy policy with Chinese characteristics.Under the guidance of market economic policies,commercial transactions have been extremely prosperous,and the insurance industry has also entered a new period of vigorous development.At the same time,the transfer of insurance objects has become common.In order to comply with the requirements of economic development,the "PRC Insurance Law"(hereinafter referred to as the "Insurance Law")was amended in 2009.Article 49 of the "Mainland Insurance Law" was amended in 2002 by substantially modifying the rules for the transfer of insurance objects.The established principle of transfer of "personalism" was changed to the principle of "from materialism to self-employmentism," and the insurer's agreement was no longer a requirement for the transfer of the subject-matter insured.This is a great step forward in China's insurance law circle.When the “Insurance Law” amended in 2009 amended the rules for the transfer of insurance objects,the legislature did not issue corresponding measures to deal with them.The transfer rules were not clear enough,making it impossible to fulfill certain obligations under Article 49.Therefore,this article will use case studies,literature studies,and comparative research methods to analyze the rules for the transfer of insurance objects and discuss the remaining issues of Article 49 of the 2009 revised Insurance Law,including the following: The relevant regulations are not clear;"dangerous degree increases significantly" is difficult to judge;insurance accidents occur when the insurance contract "blank period" insurance liability is difficult to bear;the payment of premium payment principals and payment rules are not clear and other issues.In this paper,the relevant concepts of the transfer of insurance objects are clearly defined,and the rules for the transfer of insurance objects and their risk-burdening rules are further analyzed.Based on this,the subjects that pay the outstanding premiums and the payment rules are studied;in comparison with the United States,Japan,Germany,and After relevant legislation in Taiwan region of China,we evaluated Article 49 of the 2009 revised Insurance Law,pointed out its existing problems,and then proposed corresponding legislative proposals.This article is divided into five parts: The first part refers to the practical disputes arising from the lack of clear provisions in the “Insurance Law” of China's “Insurance Law” through the use of case references,and thus the necessity of perfecting the rules for the transfer of insurance targets..The second part analyzes the specific meaning of the relevant provisions of the "Insurance Act" through the analysis of the act of transferring the subject-matter insured,compares the different theories of the definition of the subject-matter insured,analyzes the rationality and insufficiency of each doctrine,and clarifies that the object of insurance should be deemed to be The insurer's interest in the subject-matter insured,that is,the insurance interest,the transfer of the subject-matter insured,is the joint transfer of the risks and interests of the subject-matter insured;the rules for the transfer of the subject-matter insured,the legal consequences of the transfer of the subject-matter insured,and the analysis of human rights,From the respective characteristics and differences of materialism and eclecticism,after comparing the relevant foreign legislation,we can judge what kind of legislative model China adopts on the question of the transfer of insurance objects at the present stage and evaluate it.The third part mainly contrasts the different doctrines of risk-burden rules for the transfer of insurance objects at the current stage,and defines the risk-burdening rules to adopt the “risk transfer theory”.The fourth part mainly discusses related issues of performance of insurance premiums in the transfer of insurance targets.After analyzing the reasons for paying the premiums owed,it is clear that the party that pays the outstanding premiums should be the assignee of the subject-matter insured,and proposes to regulate the payment of non-payment of premium rules.The fifth part compares with the "Insurance Law" revised in 2002,analyzes the progress of the "Insurance Law" revised in 2009 regarding the transfer rules of the subject matter of insurance,and points out the problems that still exist and addresses the problems at the current stage.Make appropriate legislative proposals.