The Veto Of The Minor Insured In Death Insurance

Death insurance is a kind of life insurance which pays because of the death of the insured.It is a typical other insurance contract that the insurer pays the insurance money to the beneficiary according to the contract agreement,which may cause significant moral hazard.When establishing special regulation of death insurance in our country,we usually take precautions through two lines of defense,namely "insurable interest" and "consent of the insured".But in our country,when the insured is a minor,the right is virtually non-existent.because they are weaker than adults.The purpose of this paper is to put forward the veto of the minor insured in death insurance from the point of moral hazard prevention,and try to analyze and discuss the relevant legal issues.The preface of the article introduces the origin and significance of the topic.The text is divided into three parts:1.Limitation and defects.Firstly,introducing the types and characteristics in death insurance for the normal and the minors.which lays a theoretical foundation for the later discussion of related issues.Then,introducing the current legal regulation and the restrictions for the minors.Finally,analyzing the defects of those regulations.2.The significance.The paper respectively introduces the significance from the necessity and the feasibility.Firstly,the necessity of giving the party the veto power is: it can restrain the malicious parents and prevent the moral hazard caused by the abuse of the right;also it can protect the minor insured and their personality right;third,it can make up the deficiency of the current legal system in the civil capacity determination system,fill up the legal when the parents are "special";secondly,learn from other countries and regions in the legal regulation of the death insurance of minors,especially the "double consent" in German,then analyzing the difference of contracting parties’ right of consent and contracting right of veto in civil capacity,fullyclarifying the feasibility of contracting the veto to the minor insured.3.The reasonable system.How to construct a reasonable system of the minor’s veto.First of all,it proposes to recognize the veto of the insured party at the legislative level,including the conferment,scope of exercise and specific requirements for civil capacity;secondly,how the minor insured can exercise the veto power in two points: the standard and different level of the minors;the one who can take the place of the minors to do the vote.The last,it discusses how to guarantee the vote of the minor insured from concept and practice,introduces the principle of“protecting the best interests of the child ”.At the practical part,it clarifies the liability for insurance and the judicial review mechanism intervenes in the effective supervision,which guarantees the exercise of the veto power by the minor insured party fundamentally.