Reflection On The Application Of "Criminal Clause" In Life Insurance

Compared with the developed countries in the west,the development of China's insurance industry is a rising star.As the years of rapid cross of the national economy and people life level significantly increased,followed by China's insurance industry booming,it may be said "now rising",in the decades of development,out of the one based on its national conditions,at the same time,facing the world of China's reform and development of insurance industry,and made remarkable achievements.However,at the same time,with the rapid development of the insurance industry,there is a significant increase in insurance contract litigation disputes,and the differences between the parties to the insurance contract on the application of a number of provisions are also more and more obvious,especially in accordance with the"insurance law" article 45 of the establishment of the life insurance "criminal provisions" as a typical.The original intention of this provision is to prevent insurance compensation from becoming the psychological backing and economic backing of the insured's intentional crime,so as to prevent the insured from seeing insurance compensation as the psychological backing and economic backing of the insured's intentional crime,at the same time,it can also avoid the loss of the insurance company.However,the exemption principle of the insurer established by the "crime clause" directly means that the insured or the beneficiary cannot get the payment or compensation of the insurance money.Case,the author will combine with the "insurance law" article 45 and the Supreme Court judicial interpretation(3)related to explain as analysis object,and through the contrast of Chinese and foreign scholars point of view and combined with their own point of view,analysis the rationality that set the terms of and reflection on the terms and conditions apply to insurance practice of deficiencies,thus improving Suggestions in terms of the shortage.The main body of the paper is divided into four parts to discuss and reflect on the application of "crime clause"The first part is the summary of "crime clause" of life insurance.This part first introduces the current legal system and relevant judicial interpretation of this clause in China,and then explains the deep meaning of this system.Secondly,the necessity of establishing this clause in personal insurance is discussed in detail in three aspects Finally,the legal consequences of the insured's intentional crime are describedThe second part,starting with the analysis of three typical cases,points out the shortcomings in the application of "the insured's intentional crime clause" in China's personal insurance.And from two different levels of four points to carry out a detailed discussion.The third part discusses the evolution of "crime clause" in representative countries since its establishment.In the fourth part,the author puts forward some countermeasures to improve the application of "crime clause" from three aspects.