| Based on the development of the financial industry and the expansion of financial services,life Insurance premiums or Insurance benefits are paid as trust assets.Integration of investment and wealth management and protection of beneficiaries' rights and interests,and thus linking insurance and Trust life insurance trusts are favored and rapidly developed.Although our country implements the separate operation of the financial industry,whether driven by the development of financial markets or the promotion of a new round of financial reforms,Life insurance trusts have also been actively tried in practice.However,due to the fact that China's financial industry is subject to practical constraints,especially because of the lagging nature of the law itself,there are still many problems in the law that have not yet been resolved or improved,this is the current problem faced by China Life Insurance Trust.First,the separate development of China's "Trust Law" and "Insurance Law",the Life insurance trust itself still faces a legal gap,and thus directly affects the protection of beneficiary rights and interests,even in practice,the original intention of a Life insurance trust that deviated from the protection of beneficiaries.Secondly,the positive attempt of life insurance trusts has encountered regulatory difficulties because of the independent operation of the China Banking Regulatory Commission and China Insurance Regulatory Commission.It should be said that the merger of the China Banking Regulatory Commission and China Insurance Regulatory Commission in the context of the new round of institutional reforms has established a good beginning for the supervision of life insurance trusts.However,there are still many uncertainties as to how to operate in the future.Insurance and trust have a certain degree of tax avoidance in the nature of their products.However,the tax issue of life insurance trusts is still facing uncertainty.Looking beyond the borders,the practice of the life insurance trust and the construction of the legal system in the United States,Japan and China's Taiwan region,established distinctive life insurance trust business models and their respective legal systems,constantly improving the supervision of Life insurance trusts,extraterritorial practices and legislation also provide us with positive experiences that we can learn from.Therefore,in order to promote the development of China Life Insurance Trust and promote the improvement of its legal system,it is necessary to Reflect Our Country's Insurance Legal System and Trust Legal System.The first thing that China needs to solve is the legal position of life insurance trust behavior,Only by clarifying this point can we establish and complete relevant laws and regulations.There is no doubt that the establishment of the legal status of life insurance trust is the basis for the establishment of China's life insurance trust legal system,to this end,it is necessary to increase the relevant legal provisions in the "Insurance Law" and the "Trust Law",not only pave the way for the establishment of a legal system for life insurance trusts,but it can also provide legal basis for related matters in the actual life of society before the system is perfected,after that,it will use the American waster's trust system to limit the rights of beneficiaries and protect their rights,and improve the beneficiary rights and interests of China's life insurance trust legal system.Ensure that the original purpose of establishing a life insurance trust legal system is achieved,at the same time,in order to achieve the purpose of ensuring the healthy operation of life insurance trusts,it is based on the merger of the China Banking Regulatory Commission and China Insurance Regulatory Commission.It is also necessary to further promote the integration of supervision and realize the effective supervision of life insurance trusts.In addition,improve the life insurance trust tax legal system to prevent the life insurance trust from being misused. |
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