论文部分内容阅读
人身险,是保险业务中较为特殊的一个险种,涉及面广,政策性强,适用的保险原理同财产保险有很大不同。出险后在对保险金的给付过程中,又会涉及一些法律问题。现结合理赔工作实践,就这个问题谈一些看法。 一、人身险给付金不是遗产 遗产,是指公民死亡时遗留的个人合法财产。根据最高人民法院关于遗产范围的司法解释(《最高人民法院关于贯彻执行<中华人民共和国继承法>若干问题的意见》),国家和有关机关发给死者家属的抚恤金和其他生活补助,应由有权接受抚恤的对象本人直接享受,是国家或所在单位给予死者家属的精神关怀和物质帮助,不能作为遗产。人身保险金对于受益人来说具有生活保障的性质,因此,不能作为遗产看待,而只能属于保险合同所规定的受益人所有。
Life insurance is a special type of insurance in the insurance business. It covers a wide range of areas and has strong policies. The applicable insurance principles are quite different from those of property insurance. After the accident insurance in the payment process, will also involve some legal issues. Now with claims work practices, talk about some views on this issue. First, the payment of personal insurance risk is not a heritage, refers to the death of citizens died of personal legal property. Pursuant to the Judicial Interpretations of the Supreme People’s Court on the Scope of Inheritance (Opinions of the Supreme People’s Court on Several Issues Concerning the Implementation of the Law of Succession of the People’s Republic of China), the pensions and other subsistence allowances granted by the state and the relevant authorities to the families of the deceased should be The people who are entitled to receive pensions themselves directly enjoy the spiritual care and material help given to the families of the deceased by the state or their own units and can not act as their inheritance. Life insurance benefits the lives of the nature of the beneficiaries, therefore, can not be treated as a legacy, but only under the insurance contract, the beneficiaries of all.