What is Casualty Insurance?

Death insurance, also known as survivor's insurance, refers to a social insurance system in which the dependents of the insured obtain material help from the society after the death of the insured, or after the death of their dependent relatives.

Death insurance

Death insurance is a type of life insurance.

I. Death insurance includes two parts

1. The material assistance provided to help overcome the economic difficulties encountered in burying the dead is generally called

1. Death insurance compensation. Article 29 of the Judicial Interpretation of Compensation for Personal Damage provides:

Article 55 of the Insurance Law provides special provisions for death insurance for persons without civil capacity: "The insured person shall not insure a person without civil capacity for personal insurance with death as the condition for payment of insurance benefits, and the insurer shall not underwrite. Life insurance for adult children is not restricted by the provisions of the preceding paragraph, but the total amount of death benefit insurance cannot exceed the limit set by the financial supervision and management department. "Subject to this rule, if a person without civil capacity is an orphan without parents, or Those who have been brought up by others because of their parents' inability to support them (for convenience of description, such minors are referred to as "orphans" below) will not be able to become the insured of death insurance. The author believes that this provision is contrary to legal principles and is not conducive to the protection of the rights of orphans. It should be amended to expand the scope of orphans' policyholders.

The main reasons are as follows:

I. Article 52 of the Insurance Law stipulates that "a life insurance contract is an insurance contract with the life and body of the person being the subject of insurance", that is to say, "life of the person" is an insurable interest. Article 53 states that: In addition to insurance benefits, it also has insurance benefits for other family members and close relatives who have a supporting, supporting or supporting relationship with the applicant. The existing 55 articles are obviously in contradiction with the above provisions.

2. China's Marriage Law also upholds the principle of protection for persons without civil capacity. Article 28 of the Law stipulates that: Grandparents and grandparents who are able to afford shall support minor grandchildren and grandchildren whose parents have died or whose parents are unable to support them. Obligations: Article 29 states that brothers and sisters have an obligation to support brothers and sisters whose parents have died or whose parents are unable to support them. Insurance Act 55

Insurance law

The provisions of this article cannot be compatible with the protection principles established by the marriage law. In addition, according to Article 16 of the General Principles of the Civil Law, in addition to grandparents, grandparents, and siblings, orphans' guardians can also be other relatives, friends, orphans' units or the residents' committees where the orphans live. , Village committees, and civil affairs departments. Article 55 of the Insurance Law excludes all these guardians from the insured, which is not conducive to the guardian's active and complete performance of the guardianship obligations, and has a negative impact on the role of the guardianship system.

3. The purpose of restricting insurance applicants by the Insurance Law is to prevent the occurrence of moral hazard and to protect the rights and interests of persons without capacity for civil conduct. Because according to common sense, parents will not use their children's life for insurance benefits. In trial practice, cases of killing the insured for the purpose of obtaining insurance money are relatively rare. The insurance law's design of a system to prevent moral hazards is one-sidedly dependent on restrictions on the scope of the insured, and it is considered "overkill".

4. According to survey data, under incomplete statistics, there are nearly 600,000 minors under the age of 18 in China who have lost their parents and have no children. In view of the large number of this vulnerable group and the growing awareness of insurance, it is not only reasonable, but necessary, to allow orphans' grandparents, grandparents, brothers, sisters, and grass-roots organizations, and civil affairs departments to insure death insurance for orphans. Obviously, it will help to increase their enthusiasm for raising and guarding orphans, and it will also help achieve the legislative purpose of the Insurance Law Promote the Healthy Development of Insurance (Article 1 of the Insurance Law).

In summary, the scope of the revised insurance law for insured persons who have no civil capacity for death insurance should be extended to the grandparents, grandparents, brothers, sisters, residents 'committees, villagers' committees, and civil affairs departments of orphans who have fulfilled their obligations of maintenance or guardianship.