From The Perspective Of Insurance Fraud, The Application Of Non-defense Clauses In My Country's Life Insurance Law

The incontestable clause was firstly stipulated in the life insurance company of London life insurance company,which was gradually developed into the legal provisions of many countries,and the scope of application was more and more extensive.The basic meaning of the incontestable clause refers to the establishment of the insurance contract from the date after a certain period of time,the insurer shall not be based on the insured before providing false information,violation of the obligation to inform other reason to rescind the contract.Its purpose is to restrict the insurer’s right to terminate the contract,to protect the legitimate interests of the insured or the beneficiary’s expectations and interests,so that the interests of the insured,the insured and the beneficiary are balanced.Although the introduction of incontestable clause in our country in 2009,but because the provisions are very general,there are many problems in the specific application.For example,the incontestable clause does not require any applicable exceptions;insurance fraud,the insurer’s right to terminate the contract and the right to revoke the right actually how to handle.If these problems are not paid attention to and solved,the insurer,the insured and the beneficiary will be seriously unbalanced,so that more and more insurance disputes will seriously affect the social stability.In solving the insurance fraud problem,there are two different voices in academic circles:the first method is to give the insurer the right to revoke the contract,to revoke a contract of insurance fraud;the second method is to add exception of applying incontestable clause.In fact,China’s "insurance law" had shortly before the"insurance law" judicial interpretation three(Draft)in attempts to the insurer’s right to revoke the contract to revoke a contract of insurance fraud,but not through formal.The reason is the contract law and insurance law is the general law and special law,giving the insurer the right to revoke the contract,the insurer will choose more conducive to their own right of revocation and give up the exercise of the right of cancellation,which not only violate the special law is superior to the general law principles,but also make the incontestable clause useless.Therefore,in the case of insurance fraud,the former approach is not the best choice.From the legislative point of view of the world,the second methods have been adopted by many countries,and has achieved widespread influence and good results.Therefore,this approach is worthy of our reference.Whether in the insurance fraud exemption position,should not blindly take "across the board",only according to the circumstances and severity of fraud,it will be divided into general fraud and serious fraud,for fraud,should apply the incontestable clause;for serious fraud,must apply as exceptions can not be the contest.Only in this way can we better coordinate and balance the relationship between the two,in order to coincide with the development of China’s Insurance industry.