Path Update and Rule Improvement for Mandatory Execution of Life Insurance Policies
Life policy enforcement should not be equated simply with policy cash value enforcement.The subject matter of com-pulsory execution of a life policy is all the property rights and interests that the executed party enjoys based on the insurance con-tract that is available for execution.Based on this,the compulsory enforcement path of life insurance policies will be expanded,and corresponding enforcement rules should also be improved.First of all,the exemption system for the execution of life insurance poli-cy property rights and interests should be built up.The people's court is to make the case by case judgment taking into considera-tion of the actual situation of the executed person and dependent family members and the local economic development level and other relevant factors.At the same time,the creditor should be allowed to prove the existence of malicious fraud in order to exclude the exemption from execution.Secondly,the life insurance policy property rights and interests should be enriched with the ladder of execution rules.That is,the policy dividends and investment income shall be enforced first,and then,according to the difference between the borrowable amount and the remaining debt,decide whether a policy loan is allowed.If the borrowable amount is more than or equal to the remaining debt,the execution will be completed by applying for a policy loan.If the borrowable amount is less than the remaining debt,then the beneficiary's right to intervene is exercised or the policy is discounted for execution.Finally,if it is not possible to execute through the aforementioned ladder rule,the people's court can only forcibly terminate the insurance con-tract to obtain the cash value for execution.This is in line with the attributes of the power of the judiciary to enforce,and is condu-cive to ensuring procedural justice and enforcement efficiency.
insurance policycompulsory enforcementpolicy loanpolicy discountcash value
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