Analysis Report on Enforcement Cases of Investment-Linked Life Insurance Policies

Authors

  • Manyu Wei

DOI:

https://doi.org/10.54691/29jp0654

Keywords:

Policy cash value; abuse of rights; proportionality principle; waiver by category; repurchase notice.

Abstract

The Hebei Provincial Higher People's Court's Enforcement Ruling No. 59 of 2024  definitively confirms that the cash value of a wealth management life insurance policy falls under "other property rights" under Article 242 of the Civil Procedure Law, and determines that the policyholder's refusal to terminate the contract, jeopardizing the realization of the creditor's rights, constitutes an abuse of rights under Article 132 of the Civil Code. The ruling, based on systematic interpretation, purposive interpretation, and the principle of proportionality, redefines the normative scope of Articles 15, 42, and 47 of the Insurance Law, establishing a dynamic balance mechanism between creditor's rights realization and insurance protection. This article takes the three-tiered judicial process of this case as its starting point, comprehensively employing normative analysis, comparative law, and law and economics methods to systematically elaborate on the determination of the attributes of cash value, the structure of matured debt enforcement, and the institutional design of classification exemption and repurchase notices, aiming to provide both interpretative and legislative references for the connection between the Insurance Law and the Civil Enforcement Law.

Downloads

Download data is not yet available.

References

[1] Zhao Yang. A Study on the Division of Personal Insurance Interests in Divorce Proceedings [D]. China University of Political Science and Law, 2017.

[2] Li Xuan. A Study on the Causes and Solutions of Insurance Surrender Phenomena in Life Insurance Companies [D]. Northwest A&F University, 2014.

[3] Zhang Peijuan. Financial Management Embedded in Marketing: Teaching You How to Sell Insurance in the Era of Universal Financial Management [N]. China Insurance News, 2010-04-06(008).

[4] Xu Haifeng. Thoughts on the risks and countermeasures of surrendering insurance policies [J]. China Insurance, 2009, (02): 36-38.

[5] Fang Hua. Facing the pressure of interest rate cuts: the structural adjustment of life insurance is timely [N]. Financial Times, 2008-10-31(003).

[6] Lao Youfa. Ping An Life Insurance vigorously expands the new concept of domestic life insurance policies - "Ping An Century Financial Investment-Linked Insurance" is launched in Shanghai [J]. Shanghai Insurance, 1999, (11): 4-6.

Downloads

Published

20-04-2026

Issue

Section

Articles

How to Cite

Wei, M. (2026). Analysis Report on Enforcement Cases of Investment-Linked Life Insurance Policies. Frontiers in Humanities and Social Sciences, 6(4), 387-391. https://doi.org/10.54691/29jp0654