| Article 15 and Article 50 of the Insurance Law of the people’s Republic of China,revised in 2014,are the provisions on the right of discharge of the policy-holder in the insurance contract of our country,which is called the "right of arbitrary discharge" of the policy-holder.Such appellations are related to the characteristics of insurance,that is,insurance can obtain corresponding compensation in order to guarantee the loss of the insured interest,and the insured comes from its own insurance interest on the subject matter of insurance.In addition,the policy-holder is the main body of the insurance contract,under the principle of contract freedom,the right of the policy-holder to dispose himself is his freedom.When the policy-holder,the insured or the beneficiary is the same person,the insurance law gives the policy-holder almost unrestricted right of cancellation of the insurance contract.However,when the insured is not the same person as the insured and the beneficiary is not the same person,the policy-holder exercises this arbitrary right of discharge in the altruistic life insurance contract,which to a certain extent damages the reasonable expected interests of the insured and the beneficiary.Also hindered the guarantee insurance and other new insurance innovation.At the same time,it does not meet the requirements of the insurance law on the principle of good faith and may lead to a moral crisis.Because of this,in recent years,the issue of the right of cancellation of the policyholder of altruistic life insurance contract has caused more and more controversy in the insurance theory and practice of our country.In the altruistic life insurance contract,whether the policy-holder’s right to discharge should be restricted to a certain extent?If it should be restricted,how should it be restricted?In this paper,starting from the theory,using law analysis,this paper discusses the theoretical basis and path to limit it,and studies the limitation of the legal discharge right of the policy holder in the altruistic life insurance contract.In order to improve the basic theory of China’s insurance law.to provide guidance for practice. |
