Research On The Perfection Of Suicide Clause In The Insurance Law Of China

The suicide clause is an essential clause for life insurance.The purpose of the suicide clause is to prevent moral hazard and avoid the insured’s intentional suicide to seek insurance benefits,so that the insurer can bear unfair insurance liability.At the same time,the formulation of the suicide clause also clarified that the legislation did not completely exclude suicide from insurance liability,thereby protecting the beneficiary or the insured’s will.As the equalizer of the rights and obligations of the insured,the insured and the insurer,the suicide clause plays an important role in promoting the healthy and orderly development of the insurance market.Therefore,the importance of this clause requiring legislation to be continuously improved is selfevident.In view of this,China has also complied with the general trend of the development of the insurance industry,and has re-added and improved the suicide clause in the Insurance Law.In 2009,China revised the suicide clause in the Insurance Law of the People’s Republic of China.As far as the old law is concerned,the new law has more comprehensive provisions on suicide clauses,such as the addition of exceptions for persons without civil capacity.However,this kind of improvement does not solve the complicated situation of suicide.There are still some problems,mainly:First,the subjective state of "suicide" in the norm is not clearly recognized.Article 44 of the current "Protection 1 Insurance Law" does not clearly stipulate the subjective state of suicide,and thus it is impossible to clearly define the "intentional" in the insured’s intentional accident.This will affect the understanding and application of judicial practice and insurance practice.Secondly,there are still problems to be solved in the “two-year exemption period” stipulated in the current legislation.The insurance law provides for a two-year exemption period for suicide clauses,which is advancing with the times.However,in the case of Article 44 of the current Insurance Law of China,the period of exemption from suicide clauses is two years from the date of the establishment of the contract or the restoration of the validity of the contract.In response to this provision,the author believes that there are two disputes: First,whether the insurance contract is re-effective,whether the starting point of the “suicide clause exemption period” is reasonable;second,the current Article 44 of the Insurance Law of China does not provide for the express text.If the insured commits suicide two years later,the insurer should pay.In addition,Article 44 of the Insurance Law of China also stipulates an exception,that is,“except for the insured who commits suicide without civil capacity”.This exception is mainly based on the fact that for people without civil capacity,because their minds are not yet mature,they cannot be required to rationally control their emotions and understand the consequences of suicide as fully capable,so that the legislative requirements are in terms of suicide of civil capacity,insurance companies are responsible for maximizing the protection of beneficiaries of people without civil capacity and their successors.This is a major step forward in legislation.However,the norm does not include the issue of compensation for the behavioral suicide in the scope of the exclusion.At the same time,considering the "General Principles of the Civil Law of the People’s Republic of China",the standards for non-civil actor are modified,if the exception criteria for the suicide clause are still It is also a question worthy of discussion whether it is reasonable to apply the Civilian Standards of Civil Law.Therefore,this paper will analyze the nature and historical evolution of suicide clauses and learn from the provisions and applicable experience of suicide clauses outside the domain,and from the provisions of the provisions of suicide clauses in China’s Insurance Law,which need to be improved and supplemented as the entry point,propose to improve the relevant provisions.Prescribed recommendations and opinions.