住房反向抵押养老保险法律问题研究

发布时间：2019-02-19 14:35

【摘要】：伴随我国人口老龄化趋势逐步加重,“未富先老”的社会现象也日益突显。“四二一”式的家庭结构使得年轻人的生活压力倍增,家庭养老已无法独担养老的重任。人口老龄化作为世界公认的难题,早在几十年前,国外就已经提出一种新型的养老模式——以房养老,并且一直运行良好。我国可以借鉴国外成功经验,丰富我国的养老保障体系。2014年,保监会正式确定在我国四个城市开展住房反向抵押养老保险的试点工作。到2016年7月,保监会进一步决定延长试点期间并扩大试点范围,将本该于2016年6月结束的为期两年的试点,延长至2018年6月30日,并将试点范围扩大到多个省市。试点过程中,目前投入市场的住房反向抵押养老保险产品只有幸福人寿保险公司的“幸福房来宝”,中国人保的“安居乐”也已经获得保监会的批准,即将推行上市,未来两年的试点中,老年人也将面临更多的选择空间。本文拟以试点中保险合同为蓝本,针对其中的法律问题展开分析。本文整体按照住房反向抵押养老保险的概念、内涵、法律特性、法律关系及其发展历程,我国住房反向抵押养老保险法律问题分析,解决问题的对策建议的路径进行研究。文章除引言和结语外大体分为三个部分:第一部分是住房反向抵押养老保险的概述。首先从其内涵出发,进一步分析其法律特性、法律关系,最后对住房反向抵押养老保险在我国的发展历程进行细致的梳理,并探讨其试点受阻的原因。第二部分是对我国住房反向抵押养老保险的法律问题研究。着重研究试点中唯一的产品“幸福房来宝”的保险合同,通过仔细分析每一条合同条款,找出其中隐含的法律问题。第三部分是提出解决我国住房反向抵押养老保险法律问题的对策建议。主要是针对第二部分发现的问题,逐一提出相应的对策建议,希望可以为下一步的试点工作或是以后的正式推行尽到绵薄之力。
[Abstract]:Along with the aging trend of China's population, the social phenomenon of "getting old before becoming rich" is becoming more and more prominent. The family structure of "four-two and one" makes the life pressure of young people double, and the family pension can no longer bear the burden of supporting the aged alone. The aging of the population is recognized as a difficult problem in the world. As early as a few decades ago, a new pension model has been put forward in foreign countries, which is to provide for the aged by housing, and it has been running well. In 2014, the CIRC formally decided to carry out the pilot project of housing reverse mortgage endowment insurance in four cities of our country. By July 2016, the CIRC further decided to extend the pilot period and expand its scope, extending the two-year pilot, which was due to end in June 2016, to June 30, 2018, and extending the pilot to a number of provinces and municipalities. In the pilot process, only the "happy house Laibao" of the happiness life insurance company is the only housing reverse mortgage endowment insurance product put into the market at present. The "Anju Le" of China PICC has also been approved by the Insurance Regulatory Commission and will soon be listed on the market. In the next two years, older people will also face more options. This paper, based on the pilot insurance contract, analyzes the legal problems. According to the concept, connotation, legal characteristics, legal relationship and its development course of the housing reverse mortgage endowment insurance, this paper studies the legal problems of the housing reverse mortgage endowment insurance and the ways to solve the problems. In addition to the introduction and conclusion, the article is divided into three parts: the first part is an overview of the housing reverse mortgage pension insurance. First of all, from its connotation, further analysis of its legal characteristics, legal relations, and finally, the reverse mortgage of housing endowment insurance in China's development process is carefully combed, and explore the reasons for the hindrance of its pilot. The second part is the research on the legal problems of China's housing reverse mortgage endowment insurance. This paper focuses on the study of the insurance contract of the only product in the pilot project, "Happy Laibao", and through careful analysis of the terms of each contract, finds out the legal problems implied therein. The third part is to put forward countermeasures and suggestions to solve the legal problems of housing reverse mortgage endowment insurance in China. Aiming at the problems found in the second part, the author puts forward the corresponding countermeasures and suggestions one by one, hoping to do his best for the next trial work or the later formal implementation.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.182.3

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