w88 casino News (provided by the Law w88 casino)On June 18, 2023, the "Seminar on Chinese Modernization and Insurance Law Revision" was successfully held in Conference Room 0111, Teaching Library Complex Building, Haidian Campus, China University of Political Science and Law. This conference was hosted by the Insurance Law Research Association of the China Law Society, hosted by the Institute of Comparative Law of the China University of Political Science and Law, and co-organized by Beijing Generisen Management Consulting Co., Ltd. Nearly 50 guests from institutions of higher learning, the judicial system and substantive departments attended this meeting.

Professor Li Qingwu of w88 casino, as a panellist, participated in the review of "Topic 1: Reflection on the Basic Theory of Insurance Law" and expressed the following opinions: (1) Although the names of China Insurance Regulatory Commission and China Banking and Insurance Regulatory Commission have disappeared, China's insurance industry cannot become invisible. Where the State Administration of Financial Supervision will lead China's insurance industry is worth exploring. (2) When scholars study the root causes of illegal phenomena in the insurance industry, they should distinguish between insurance law normative issues and illegal business operations in the insurance industry. (3) Regarding the issue of ratification of personal insurance interests, it is reasonable for the court to adjudicate the existence of insurance interests in judicial practice on the premise that it does not violate the function of insurable interests. For example, when applying for life insurance, the policy holder and the insured are lovers. After the insurance is applied for, the two people develop from lovers to husband and wife. In this case, even if the policy holder does not obtain the consent of the insured when applying for the insurance, they should be deemed to have insurable interests when they apply for the insurance. However, if death insurance is involved, the consent of the insured must be obtained when the insurance is applied for, even if the insurance is purchased online. (4) Regarding the validity of the change of insurance beneficiary, it is necessary to consider two issues: internal validity and external validity. The former takes effect when the insured expresses intention to change the beneficiary; the latter should take effect through public announcement, that is, through the combination of the insured's notice and the insurance company's policy endorsement, thereby eliminating the insurance company's risk of secondary compensation. (5) Regarding the issue of restricting the transfer of beneficial rights by beneficiaries, there is no conflict between Article 11 and Article 13 of the "Insurance Law" Judicial Interpretation (3), because the former adjusts the insurance contract relationship, and the latter adjusts the beneficiary gift contract relationship. Before an insured accident occurs, the beneficiary's right to claim insurance money is an uncertain expectation right. If the beneficiary is allowed to transfer the beneficial rights before the insured accident occurs, there will be a moral hazard that endangers the personal safety of the insured. Legislation should prohibit the beneficiary from transferring the beneficial rights without the consent of the insured. After an insured accident occurs, the content of the beneficiary's beneficial rights becomes specific and realistic. The beneficiary only transfers the right to claim insurance money arising from the specific accident, which falls within the scope of a civil contract and does not involve risks to the insured's personal safety. As for the issue of insurance fraud on the transferee that may arise from the transfer, it is up to the insurance company to solve it, rather than restricting the transfer of the beneficiary's beneficial rights under such circumstances. (6) Regarding the practice of employers purchasing personal insurance for employees and serving as beneficiaries, my country’s Insurance Law strictly prohibits it. This results in the risk of work-related injury compensation caused by employers hiring over-age workers and cannot be dispersed through commercial personal insurance. At the same time, such workers cannot obtain work-related injury insurance protection in some provinces and cities, which is not conducive to the protection of workers’ rights. It is recommended to amend the Insurance Law to allow the employer to serve as the policy holder and beneficiary of the employee's personal insurance contract as long as the insurance money received by the employer under commercial personal insurance does not exceed the amount of compensation paid to the employee.