我国人身保险合同复效问题研究
发布时间：2018-11-19 19:52
【摘要】：人身保险合同复效制度是保险法中重要的、特有的制度,对保险合同当事人双方的利益关系,能够起到很好的平衡作用。对投保人而言,是为了转移风险,获得持续的保险保障;对保险人而言,则稳定和维系了客户资源,节省了展业成本,提高了经营效率。但相对于我国保险业起步较晚、立法尚不完善的现状,关于人身保险复效制度的规定仍显得简单和粗陋,复效的一些具体规则与复效制度应有的价值并不协调,甚至存在明显的冲突。因此,导致保险法律理论和实务上对人身保险合同复效制度的规定存在着很多争论。为更好地促进我国人身保险事业的发展,为我国社会进步、经济繁荣、人民幸福保驾护航,非常有必要从人身保险合同复效制度的价值出发,重新审视和探讨我国现行做法,并为完善我国人身保险合同复效制度提出积极的、具体的建议和对策。本文主要针对人身保险合同的复效制度的相关问题进行研究分析。论文除绪论和结论外,共分三章。绪论部分主要对人身保险合同复效制度的背景和意义、国内外研究的现状、本文的研究思路和研究方法、本文的主要内容及创新点等作了简要的介绍。第一章人身保险合同复效制度的定位,着重分析和论证了人身保险合同复效制度对投保人与保险人的公平价值与效率价值,主张复效制度的价值应为公平和效率的结合,兼顾公平与效率。与复效制度的价值相协调,人身保险合同复效的性质则应为原合同说,而非新合同说或特殊合同说。第二章我国人身保险合同复效制度的问题分析,从同意复效模式、可保条件、告知义务、补交保费等方面,分析了人身保险合同的复效规则方面的问题以及我国人身保险合同复效制度存在的问题。第三章我国人身保险合同复效制度的立法完善。本章在第二章分析的基础上,提出应限制缩小保险人同意的自由,防止保险人自由裁量权的增大,进而保护被保险人的利益;对于被保险人可保性进行检查,主要是健康问题检查时,只需履行危险显著增加的告知义务即可;应当增加投保人补缴保单中止前欠缴保费及其利息的规定,禁止保险人收取保单效力中止期间的保费与利息;扩大申请复效的主体,被保险人、受益人及其近亲属也应有申请保单复效的权利;禁止自杀免责期间与不可抗辩期间在保单复效时重新计算。结论部分则扼要地归纳和总结了全文的主要观点。
[Abstract]:The double effect system of personal insurance contract is an important and unique system in the insurance law, which can balance the interests of both parties in the insurance contract. For the policyholder, it is to transfer risk and obtain continuous insurance protection; for the insurer, it stabilizes and maintains the customer resources, saves the cost of the exhibition industry, and improves the operating efficiency. However, compared with the fact that the insurance industry of our country started relatively late and the legislation is not perfect, the provisions on the life insurance reefficacy system are still simple and crude, and some specific rules of reeffect are not in harmony with the due value of the reeffective system. There is even a clear conflict. Therefore, there is a lot of controversy in the legal theory and practice of life insurance. In order to better promote the development of life insurance in our country, to protect the social progress, economic prosperity and happiness of the people, it is very necessary to re-examine and discuss the current practice of our country from the value of the system of reinstatement of personal insurance contract. And put forward positive, concrete suggestion and countermeasure for perfecting our country life insurance contract duplicate effect system. This paper mainly focuses on the research and analysis of the multiple effect system of life insurance contract. In addition to the introduction and conclusions, the paper is divided into three chapters. The introduction part mainly introduces the background and significance of the life insurance contract double effect system, the present situation of the domestic and foreign research, the research thought and research method, the main content and innovation of this paper and so on. The first chapter focuses on the analysis and demonstration of the fair value and efficiency value of the reefficacy system of the personal insurance contract to the policyholder and the insurer, and argues that the value of the reeffective system should be the combination of fairness and efficiency. Balance fairness and efficiency. In harmony with the value of the reefficacy system, the nature of the life insurance contract should be the original contract theory, not the new contract theory or the special contract theory. The second chapter analyzes the problems of the reefficacy system of the personal insurance contract in China, from the aspects of agreeing to the reefficacy model, insurable conditions, informing obligation, repaying premium and so on. This paper analyzes the problems in the reefficacy rules of personal insurance contracts and the problems existing in the system of reefficacy of personal insurance contracts in China. The third chapter is about the perfection of the legislation of the double effect system of life insurance contract in our country. Based on the analysis of the second chapter, this chapter puts forward that we should limit the freedom of the insurer's consent, prevent the insurer from increasing its discretion, and then protect the interests of the insured. When the insurability of the insured is checked, mainly when the health problem is examined, it is only necessary to fulfill the obligation to inform the insured of the significant increase in the risk; The policy holder shall increase the provisions on overdue premium and interest before the termination of the policy and prohibit the insurer from collecting the premium and interest during the period of suspension of the validity of the policy; To expand the subject of application for reinstatement, the insured, the beneficiary and their close relatives should also have the right to apply for the reinstatement of the policy; it is prohibited to recalculate the period of exemption from suicide and the period of non-defense when the policy is resumed. The conclusion summarizes and summarizes the main points of the paper.
【学位授予单位】：上海大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.284
，
本文编号：2343264
[Abstract]:The double effect system of personal insurance contract is an important and unique system in the insurance law, which can balance the interests of both parties in the insurance contract. For the policyholder, it is to transfer risk and obtain continuous insurance protection; for the insurer, it stabilizes and maintains the customer resources, saves the cost of the exhibition industry, and improves the operating efficiency. However, compared with the fact that the insurance industry of our country started relatively late and the legislation is not perfect, the provisions on the life insurance reefficacy system are still simple and crude, and some specific rules of reeffect are not in harmony with the due value of the reeffective system. There is even a clear conflict. Therefore, there is a lot of controversy in the legal theory and practice of life insurance. In order to better promote the development of life insurance in our country, to protect the social progress, economic prosperity and happiness of the people, it is very necessary to re-examine and discuss the current practice of our country from the value of the system of reinstatement of personal insurance contract. And put forward positive, concrete suggestion and countermeasure for perfecting our country life insurance contract duplicate effect system. This paper mainly focuses on the research and analysis of the multiple effect system of life insurance contract. In addition to the introduction and conclusions, the paper is divided into three chapters. The introduction part mainly introduces the background and significance of the life insurance contract double effect system, the present situation of the domestic and foreign research, the research thought and research method, the main content and innovation of this paper and so on. The first chapter focuses on the analysis and demonstration of the fair value and efficiency value of the reefficacy system of the personal insurance contract to the policyholder and the insurer, and argues that the value of the reeffective system should be the combination of fairness and efficiency. Balance fairness and efficiency. In harmony with the value of the reefficacy system, the nature of the life insurance contract should be the original contract theory, not the new contract theory or the special contract theory. The second chapter analyzes the problems of the reefficacy system of the personal insurance contract in China, from the aspects of agreeing to the reefficacy model, insurable conditions, informing obligation, repaying premium and so on. This paper analyzes the problems in the reefficacy rules of personal insurance contracts and the problems existing in the system of reefficacy of personal insurance contracts in China. The third chapter is about the perfection of the legislation of the double effect system of life insurance contract in our country. Based on the analysis of the second chapter, this chapter puts forward that we should limit the freedom of the insurer's consent, prevent the insurer from increasing its discretion, and then protect the interests of the insured. When the insurability of the insured is checked, mainly when the health problem is examined, it is only necessary to fulfill the obligation to inform the insured of the significant increase in the risk; The policy holder shall increase the provisions on overdue premium and interest before the termination of the policy and prohibit the insurer from collecting the premium and interest during the period of suspension of the validity of the policy; To expand the subject of application for reinstatement, the insured, the beneficiary and their close relatives should also have the right to apply for the reinstatement of the policy; it is prohibited to recalculate the period of exemption from suicide and the period of non-defense when the policy is resumed. The conclusion summarizes and summarizes the main points of the paper.
【学位授予单位】：上海大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.284
，
本文编号：2343264
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