skybus英文版 中华人民共和国保险法

2021年1月19日发(作者：风号浪吼)
Insurance Law of the People's Republic of China
Adopted at the 14th meeting of the Standing Committee of the Eighth National
People's Congress on June 30, 1995Amended in accordance with the Decision on
Modifying the Insurance Law of the People's Republic of China adopted at the 30th
Meeting of the Standing Committee of the Ninth People's Congress
Content
Chapter I General Provisions
Chapter II Insurance Contract
Section 1 General Provisions
Section 2 Property Insurance Contract
Section 3 Life Insurance Contract
Chapter III Insurance Company
Chapter IV Insurance Operational Rules
Chapter V Supervision and Administration of the Insurance Business
Chapter VI Insurance Agents and Insurance Brokers
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1
This
law has been
formulated with a
view to standardizing
the
insurance
activities,
protecting
the
legitimate
rights
and
interests
of
parties
to
insurance
activities, strengthening the
supervision
and administration of
the
insurance business
and promoting its healthy development.
Article 2
Insurance
used
in
this
law refers to the act of payment of premiums by
the
insurants to
insurers and the responsibility of the
insurers to give
indemnity to the
insurants
in
case
of
losses
to
property
of
the
insurants
caused
by
a
specific
contingency or perils of death,
injury, sickness of the
insured upon
the stipulated age
according to terms as set in the contracts.
Article 3
All
insurance
activities
within
the
territory
of
the
People's
Republic
of
China shall be governed by this law.
Article 4
Insurance activities shall be subject to the rule of laws and administrative
regulations, be in compliance with the social ethics and the principle of free will.
Article 5
The parties concerned
in
insurance activities shall
abide by the principle
of good faith in the exercise of rights and performance of obligations.
Article 6
Insurance
companies
shall
be
set
up
according
to
this
law
to
engage
in
commercial
insurance business. No other entity or
individual
is allowed to engage
in
such business.
Article 7
Legal
persons
and
other
organizations
which
want
to
be
insured
within
the
territory
of
the
People's
Republic
of
China
shall
enter
into
insurance
policy
documents
with the
insurance companies within the territory of the People's Republic
of China.
Article 8
In carrying out business,
insurance companies shall
follow
the principle
of fair competition.
Illicit competition is not allowed.
Article 9
Insurance supervisory and regulatory body
under the State Council shall
exercise
supervision
and
administration
of
the
insurance
business
according
to
the
provisions of this law.
Chapter II Insurance Contract
Section 1 General Provisions
Article 10
An
insurance contract
is an agreement
for defining
insurance rights and
obligations of the insurants and the insurers.
An
insurant refers to a person who
has signed
insurance contract with an
insurer
and
undertakes the obligation of paying
insurance premiums according to the amount
stipulated in the insurance contract.
An
insurer refers to an
insurance company which has signed
insurance contracts
with
the
insurant
and
undertakes
the
responsibility
to
pay
indemnity
or
insurance
money to the latter.
Article
11
In
signing
an
insurance
contract,
the
insurant
and
the
insurer
shall
observe
the
principle
of
fairness,
mutual
benefit,
reaching
agreements
through
consultation and free will without harming the public interest.
Insurance companies or other entities are
not allowed to sign
insurance contracts
with others by coercion except otherwise provided by law or administrative decrees or
regulations.
Article 12
An insurant shall own the insurable interest in the objects of insurance.

If an
insurant
has
no
insurable
interest
in the objects of
insurance,
the
insurance
contract shall be invalid.
Insurable
interest refers to the
interest of the
insurant
in the objects of
insurance
recognized by law.
Objects of insurance refer to property or related interest insured or life and health
of a person insured.
Article 13
An insurance contract shall
hold after the
insurant applies
for
insurance
and
the
insurer
agrees
to
underwrite
the
insurance
and
the
two
sides
have
reached
agreement on the clauses of the contract.
The
insurer
shall
issue
insurance
policies
or
other
insurance
certificates
to
the
insurant
in a
timely
manner and specify on the
insurance policies or other
insurance
documents the contents of the contracts agreed by the two sides. The
insurant and the
insurer, upon agreement, may also conclude insurance contracts in the form of written
agreement other than those provided for in the preceding paragraph.
Article
14
After
an
insurance
contract
is
concluded,
the
insurant
shall
pay
premium
as
agreed
upon
in
the
contract
and
the
insurer
shall
start
to
undertake
insurance liabilities at the time agreed upon.
Article 15
The
insurant
may
terminate the
insurance contract after
the contract
is
signed except otherwise provided for by this law or by the insurance contract.
Article 16
The
insurer
is
not allowed to
terminate the
insurance contract after
the
contract
is
signed
except
otherwise
provided
for
by
this
law
or
by
the
insurance
contract.
Article
17
In
concluding
an
insurance
contract,
the
insurer
should
explain
the
contents
of
the
clauses
of
the
insurance
contract
and
may
raise
inquiries
on
matters
concerning the objects of
insurance or the
insurant, and
the
insurant
shall
make
true
representations.
If the
insurant conceals
facts deliberately and refuses to perform
the obligations
of
making
true
representations
or
fails
to
perform
the
obligations
of
making
representations
due
to
negligence
that
would
be
enough
to
affect
the
insurer
from
making
the
decision
of
whether
or
not
to
agree
to
accept
the
insurance
or
raise
the
insurance premium, the insurer has the right to terminate the insurance contract.
If
the
insurant
deliberately
refuses
to
perform
the
obligations
of
making
true
representations, the
insurer
shall
not
undertake to pay
indemnity or
insurance
money
for
insured risks that occurs before the contract
is
terminated and shall
not
return
the
insurance premium.
If the
insurant
fails to perform
the obligations of
making representations due to
negligence,
thereby
seriously
affecting
the
occurrence
of
insured
risks,
the
insurer
shall
not undertake to pay
indemnity or
insurance
money
for contingency
that occurs
before the contract terminates but may return the insurance premium.
Insured
risks
refer
to
the
contingencies
or
perils
covered
by
the
insurance
as
agreed upon in the insurance contract.
Article 18
If an
insurance contract provides
for the exemption of
liabilities
for the
insurer,
the
insure
shall
clearly
state
in
before
signing
the
insurance
contract.
If
no
clear statement is made about it, the clause shall not be binding.
Article 19
An insurance contract shall contain the following:
1.
Name and domicile of the insurer;
2.
Names
and
residences
of
the
insurant
and
the
insured
and
the
name
and
residence of the beneficiaries of life insurance.
3.
Objects of insurance;
4.
Insurance liability and liability exemption;
5.
Insurance term and the starting time of insurance liabilities;
6.
Insured value;
7.
Insured amount;
8.
Premium and the method of payment;
9.
The method of payment of insurance indemnity or insurance money;
10.
Liabilities for breach of contract and the handling of disputes;
11.
The year, month and date in which the contract is signed.
Article
20
The
insurant
and
the
insurer
may
reach
agreement
on
related
matters
other than those stated in the preceding paragraph.
Article 21
The
insurant and the
insurer,
after consultation,
may alter the contents
of the insurance contract within the valid period of the insurance contract.
In altering
the contents of an
insurance contract, the
insurer shall
take
notes on
the
original
insurance
policies
or
other
insurance
documents
or
attach
a
rider
or
a
written agreement on the alteration signed by the insurant and the insurer.
Article 22
The
insurant, the
insured or beneficiaries shall
notify the
insurer of
the
occurrence of the insured risks in time after they have learned about them.
The
insured refers to a person who
is protected by the property or
life
insurance
contract and who enjoys the right to insurance claims. An insurant may be an insured.

A beneficiary
refers
to a person
who
has been designated by the
insured or
the
insurant to enjoy the right to insurance claims. The insurant or the insured may be the
beneficiary.
Article
23
In
claiming
for
indemnity
or
payment
according
to
an
insurance
contract after an
insured risk occurs, the
insurant,
the
insured or
the beneficiaries
are
obliged
to
provide
evidence
or
materials
to
prove
the
nature
and
causes
of
the
contingency and losses caused by it.
If the
insurer deems
the evidence or
materials provided
incomplete according to
the
agreement
in
the
insurance
contract,
the
insurer
shall
notify
the
insurant,
the
insured or the beneficiaries and demand for additional evidence or materials.
Article
24
After
receiving
the
claim
by
the
insured
or
beneficiaries
for
compensation
or
payment
of
insurance
money,
the
insurer
shall
make
a
timely
verification
and
notify
the
insured
or
beneficiary
of
the
verification
results;
perform
the
obligations
of
compensation
or
payment
within
ten
days
after
reaching
an
agreement
on
the
compensation
or
payment
with
the
insured
or
beneficiaries
if
the
case
is
of
insured
liability.
The
insurer
shall
make
compensation
or
payment
according
to the
insured amount and according to
the
time
limit
for compensation or
payment as agreed in the insurance contract.
If an
insurer
has
failed
to perform the obligations provided
for
in the preceding
paragraph, the insurer shall compensate for the losses arising there from in addition to
the payment of insurance money.
No entity or individual
is allowed to
illegally
interfere
in the performance by the
insurer of the
liabilities to compensation or payment; nor shall
it
limit
the right of the
insured or beneficiaries from obtaining the insurance money.
The
insured
amount
refers
to
the
maximum
amount
for
compensation
or
insurance money payment to be paid by the insurer.
Article
25
If
the
insurer
does
not
deem
a
contingency
as
insured
liability
after
receiving
the
claims
for
compensation
or
insurance
money
from
the
insured
or
beneficiaries, the
insurer shall
issue a
notice to
insured or beneficiaries of the
refusal
of the claim.
Article
26
The
insurer
shall
pay
in
advance
according
to
the
minimum
amount
determined by the evidence or
materials
if the amount
for compensation or payment
cannot be determined within 60 days starting
from
the date of receiving the
insurance
claims and related evidence and
materials.
The differences shall be
made
up
for after
the insurer finally determines the amount of compensation or payment.
Article
27
The
right
to
claims
for
compensation
or
insurance
payment
by
the
insured or beneficiaries covered by
insurance other
than
life
insurance shall
cease to
exist if it is not exercised within two years starting from the date when the insured risk
is known.
The
right
to
claims
for
compensation
or
insurance
payment
by
the
insured
or
beneficiaries covered by
life
insurance shall cease
to exist
if
it
is
not exercised within
five years starting from the date of the occurrence of the insured risks.
Article
28
If
the
insured
or
beneficiaries
falsify
the
occurrence
of
insured
risks
which
have
not
occurred
and
claim
for
compensation
or
insurance
payment,
the
insurer
has
the right to terminate the
insurance contract, with the
insurance premiums
not to be returned.
If the
insurant, the
insured or beneficiaries deliberately
fabricate the occurrence
of the
insured
risks, the
insurer
has the right
to
terminate
the
insurance contract and
shall refuse to perform
the obligations of compensation or
insurance payment, except
otherwise
provided
for
in
the
first
paragraph
of
Article
64
of
this
law,
with
the
insurance premiums not to be returned.
If, after an
insured contingency occurs,
the
insurant,
the
insured or beneficiaries
are
found to have forged or
fabricated related certificates,
materials or other evidence
to prove the causes of the insured risks or for exaggerating the losses, the insurer shall
not compensate or pay for the part falsified.
If the
insurant, the
insured or beneficiaries are
found to
have committed one of
the acts listed in the preceding three paragraphs that have caused the insurer to pay the
insurance money or other expenses, the payment shall be returned or compensated for.
Article 29
If an
insurer transfers part of a liability
assumed to another
insurer,
it
is
re-insurance.
At
the
request
of
the
re-insurance
underwriter,
the
re-insurer
shall
make
representations
of
its
own
liabilities
or
the
related
information
of
the
original
insurance to the re-insurance underwriter.
Article
30
The
re-insurance
underwriter
shall
not
claim
for
the
payment
of
premium from the insurant of the original insurance contract.
The
insured or beneficiaries of the original
insurance contract shall
not claim
for
compensation or insurance money from the re-insurance underwriters.
The
re-insurer
shall
not
refuse
to
perform
or
delay
the
performance
of
the
originally
insured
liability
on
the
pretext
of
non-performance
of
the
re-insurance
liability by the re- insurance underwriter.
Article 31
If the clauses of an
insurance contract
are
in dispute
among the
insurer
and
the
insurant,
the
insured
or
beneficiaries,
the
people's
court
or
arbitration
organizations shall make interpretations favorable to the insured and beneficiaries.
Article
32
The
insurer
or
re-insurance
underwriter
shall
be
obliged
to
keep
confidential the
information about the operations and property as
well as
the privacy
of
the
insurant,
the
insured,
the
beneficiary
or
the
re-insurer
it
has
got
to
know
in
handling the insurance business.
Section 2 Property Insurance Contract
Article 33
A property insurance contract is an insurance contract with the property
or related interests as the object of insurance.
The
property
insurance
contract
that
appears
in
this
section
is
called

for short, except otherwise specified.
Article 34
The
insurer shall be
notified of the transfer of the objects of
insurance
and the
insurance contract shall be altered
with the consent of the
insurer to continue
to
underwrite
the
policy.
But
the
transport
insurance
contracts
and
contracts
with
otherwise agreements are exceptions.
Article 35
When the insured liability starts for the transport insurance contract and
the
voyage
insurance
for
means
of
transport,
the
parties
to
the
contract
may
not
terminate the contract.
Article
36
The
insured
shall
observe
the
relevant
regulations
on
fire,
safety,
production operations and labor protection and protect the objects insured.
According
to the contract,
the
insurer
may carry out safety checks of
the objects
insured
and
timely
put
forward
written
proposals
to
the
insurant
or
the
insured
to
eliminate unsafe factors or hidden dangers.
If the insurant or the insured has failed to perform its due obligations concerning
the
safety
of
the
objects
insured,
the
insurer
has
the
right
to
demand
additional
insurance premiums or terminate the contract.
The
insurer
may,
with
the consent of
the
insured,
adopt precautionary
measures
in order to safeguard the objects insured.
Article 37
If
within the
validity period of
the contract,
the
risks of the objects of
insurance
have
increased, the
insured shall
notify the
insurer
in
good
time according
to the contract and the insurer has the right to claim for additional insurance premiums
or terminate the contract.
If
the
insured
fails
to
perform
the
obligation
of
notifying
the
insurer
of
the
increased
risks, the
insurer shall
not
undertake to compensation
for
the occurrence of
the
insured
contingencies
that
occur
due
to
the
increase
in
the
risks
of
the
objects
insured.
Article
38
The
insurer
shall
reduce
insurance
premiums
and
return
the
corresponding
premiums
on
the
daily
basis
if
any
of
the
following
cases
occurs,
except otherwise provided for:
1.
The
circumstances
on
which
the
premium
rating
is
based
have
changed
and
the risks concerning the objects insured have markedly been reduced.
2.
The insured value of the objects of insurance has markedly been reduced.

Article 39
If,
before
the
insured
liability
starts,
the
insurant
demands
termination
of the contract, the
insurant shall pay commissions to the
insurer and the
insurer shall
return the premiums paid. If, after the insured liability starts, the insurant demands the
termination
of
the
contract,
the
insurer
may
collect
the
insurance
premiums
due
for
the period from the date when the insured liability starts to the date of the termination
of the contract, with the remaining returned to the insurant.
Article 40
The
insured
value of
the objects
insured shall be agreed
upon between
the
insurant and
the
insurer and specified
in the contract or determined according to
the actual value of the objects of insurance at the time when the insured risks occur.
The
insured amount shall
not exceed the
insured
value.
If
it exceeds
the
insured
value, the part in excess shall be invalid.
If
the
insured
amount
is
less
than
the
insured
value,
except
otherwise
provided
for, the
insurer shall
undertake to compensation
according to
the proportion between
the insured amount and the insured value.
Article
41
The
insurant
of
double
insurance
shall
notify
all
the
insurers
of
the
double insurance.
If
the
insured
amount
of
double
insurance
exceeds
the
insured
value,
the
total
amount
of
compensation
made
by
all
insurers
shall
not
exceed
the
insured
value.
Except
otherwise
provided
for
in
the
contract,
each
insurer
shall
undertake
to
compensation
according
to
the
proportion
of
its
insured
amount
in
the
total
insured
amount.
Double
insurance
refers
to
insurance contracts signed by an
insurant
with
more
than
two
insurers
for
the
same
objects
of
insurance,
the
same
insurable
interest
and
the same insured risks.
Article 42
When
an
insured
risk
occurs,
the
insured
shall
be
obliged
to
adopt
all
necessary measures to prevent or mitigate losses.
After
an
insured
risk
occurs,
all
the
necessary
and
reasonable
cost
paid
by
the
insured to prevent or mitigate the losses of the objects insured shall be covered by the
insurer.
The amount undertaken by the
insurer shall be calculated separately
from
the
compensation
for
the
losses
of
the
objects
insured,
with
the
maximum
amount
not
exceeding the insured amount.
Article 43
If part of
the objects
insured sustains
losses, the
insurant
may terminate
the
contract
within
30
days
after
the
insurer
pays
the
indemnities.
Except
otherwise
provided
for,
the
insurer
may
also
terminate
the
contract.
In
the
case
in
which
the
insurer terminates the contract, the insurer shall notify the insured 15 days in advance
and
return
the
premiums
on
the
part
not
sustaining
losses
to
the
insured
after
deducting the part receivable from the date when the insured liability starts to the date
when the contract is terminated.
Article 44
If,
after
an
insured
risk
occurs,
the
insurer
has
paid
up
all
the
insured
amount
and
the
insured
amount
is
equal
to
the
insured
value,
all
the
rights
of
the
objects
insured
sustaining
losses
shall
be
in
the
possession
of
the
insurer.
If
the
insured amount is less than the insured value, the insurer shall retain part of the rights
according to the proportion between the insured amount and the insured value.
Article 45
If an
insured
risk occurs due
to the damage of the objects
insured by a
third
party,
the
insurer
shall,
starting
from
the
date
of
paying
the
indemnities,
subrogate the insured to exercise the right to indemnities from the liable third party.
If,
after
the
insured
risk
occurs
as
provided
for
in
the
preceding
paragraph,
the
insured
has
already
obtained
indemnities
from
the
third
party,
the
insurers
may
pay
the
indemnities
in
the
amount
after
the
indemnities
paid
by
the
third
party
to
the
insured are deducted.
The
subrogation
of
the
insurer
to
exercise
the
right
to
claim
for
indemnities
according
to
the
provisions
of
the
first
paragraph
of
this
article
shall
not
affect
the
right
of
the
insured
to
claim
for
indemnity
from
the
third
party
on
the
part
not
compensated for.
Article
46
If,
after
an
insured
risk
occurs,
the
insured
has
forfeited
the
right
to
claim for indemnities from the third party before the insurer pays the insurance money,
the insurer shall not undertake to indemnities.
If,
after
the
insurer
has
paid
indemnities
to
the
insured,
the
insured
forfeits
the
right
to
indemnities
from
the
third
party,
without
the
insurer's
consent,
the
act
is
invalid.
If,
due
to
the
fault
of
the
insured,
the
insurer
cannot
subrogate
the
insured
to
exercise
the
right
to
claim
for
indemnities,
the
insurer
shall
reduce
the
payment
of
insurance money correspondingly.
Article
47
Except
the
family
members
or
other
members
of
the
insured
deliberately
cause
the
insured
risk
to
occur
as
provided
for
in
the
first
paragraph
of
Article
44
of
this
law,
the
insurer
shall
not
subrogate
the
family
members
or
other
members of the insured to exercise the right to indemnity claims.
Article 48
When the insurer exercises the right of subrogation to indemnity claims,
the
insured
shall
provide
the
insurer
with
necessary
documents
and
the
related
information in its knowledge.
Article
49
The
necessary
and
reasonable
expenses
paid
by
the
insurer
and
the
insured
for
investigating
and
establishing
the
nature
and
the
causes
of
the
insured
risks and the losses of the objects of insurance shall be covered by the insurer.
Article 50
The insurer shall, according to the provisions of law or the agreement in
the contract, directly pay insurance money to the third party if damages are caused by
the insured covered by the liability insurance.
Liability
insurance
refers
to
insurance
that
makes
the
liability
to
indemnities
of
the insured to the third party as the object.
Article
51
If
the
insured
risk
that
has
caused
harm
to
the
third
party
due
to
the
insured
is
brought
for
arbitration
or
before
the
court,
the
necessary
and
reasonable
expenses
as
arbitration
fees
or
the
litigation
expenses
paid
by
the
insured
shall
be
covered by the insurer.
Section 3 Life Insurance Contract
Article 52
A life
insurance contract
is an
insurance contract that takes
the
life and
body of persons as the objects of insurance.
The
life
insurance
contract
is
called

for
short
except
otherwise
specified.
Article 53
An insurant shall have the insurable interest for the following people:
1.
The insurant himself;
2.
Spouse, children and parents;
3.
Other
members of
the
family
or
blood
relatives
other
than
those
specified
in
the
preceding
paragraph
for
whom
the
insurant
has
or
shares
the
obligations
of
support.
Except
the provisions of
the preceding paragraph,
if the
insured agrees to
let the
insurant to sign the contract
for
him, the case shall be regarded as the
insurant having
insurable interest in the insured.
Article 54
If
the age of the
insured stated by
the
insurant
is
not
true
and the true
age does
not conform to the age
limit
agreed
in the contract, the
insurer
may void the
contract
and
return
the
insurance
premium
after
deducting
the
commissions,
except
when the time
has exceeded two years starting
from the date of the conclusion of
the
contract.
If the
insurance premium paid by the
insurant
is
less than what
is payable due to
the
misstatement of age on the part of the
insurant, the
insurer
has the right to correct
and demand
retroactive payment of premiums
from
the
insured or pay the
insurance
money according to the proportion of the premiums actually paid and the premiums
payable.
If the
insurance premium paid by the
insurant
is
more
than what
is payable due
to
the
misstatement
of
age
on
the
part
of
the
insurant,
the
insurer
shall
return
the
premiums in excess of the due amount.
Article 55
The insurant is not allowed to take out the whole life policies for people
incapable of civil acts; neither shall the insurer underwrite such policies.
But
the cases
in which parents take out
life
insurance policies
for their children
not
coming
of
age
are
not
limited
by
the
preceding
provisions.
But
the
lump
sum
settlement upon the death of the insured shall not exceed the limit set by the insurance
supervision and administration department.
Article 56
A contract that
makes death as
the conditions
for payment of proceeds
shall
be
invalid
without
the
written
approval
of
the
insured
for
the
contract
and
the
insured amount.
The
insurance
policies
issued
according
to
the
contract
that
makes
death
as
the
conditions
for
payment
of
proceeds
shall
not
be
transferred
or
used
as
mortgage
without the written approval of the insured.
But the life insurance taken by parents for their children not coming of age is not
limited by the provisions in the first paragraph of this article.
Article 57
After
a contract comes
into effect, the
insurant
may pay
the
insurance
premium by a lump sum or by installments as agreed upon in the contract.
If
a
contract
provides
for
the
payment
of
premium
in
installments,
the
insurant
shall
pay
the
first payment of premiums at
the
time
when
the
contract
is signed and
pay the rest according to the time limit set in the contract.
Article
58
After
the
insurant
pays
the
first
payment
of
premiums
according
to
contract
that
provides
for
premium
payment
in
installments,
but
the
insurant
fails
to
pay
the
premium
of
the
period
within
60
days
of
the
prescribed
period,
the
contract
shall
become
void
or
the
insurer
shall
reduce
the
insured
amount
according
to
the
conditions provided for in the contract.
Article 59
In the case of the
void of the
contract as provided
for
in the preceding
article,
the
effect
of
the
contract
may
be
restored
after
the
insurer
and
the
insured
reach agreement through consultation and the insurant pays the premium retroactively.
However,
in
the
case
when
the
two
sides
fail
to
reach
agreement
within
two
years
after the termination of the contract, the insurer has the right to terminate the contract.
If
the
contract
is
terminated
as
provided
for
in
the
preceding
paragraph,
the
insurer
shall
return
the
cash
value
of
the
insurance
policies
as
agreed
upon
in
the
contract if the insurant has paid up insurance premium for more than two full years. If
the
insurant
has
not
paid
up
the
premium
for
two
years,
the
insurer
shall
return
the
premium paid after deducting the commissions.
Article 60
The
insurer
shall
not
demand
payment
of
premiums
for
life
insurance
by taking legal actions.
Article 61
The beneficiaries of
life
insurance shall be designated by the
insured or
the insurant.
In appointing beneficiaries, the insurant shall get the approval of the insured.

If the
insured
is a person
incapable of civil acts or
whose capability of civil acts
is restricted, the guardian shall appoint the beneficiaries.
Article
62
The
insured
or
the
insurant
may
appoint
one
or
several
persons
as
beneficiaries.
In the case of several beneficiaries, the insured or the insurant may determine the
order and shares of
the benefit among
them. If
the share of benefit
is
not determined,
the beneficiaries shall share the benefit equally.
Article 63
The
insured or
the
insurant
may change the beneficiaries and notify
the
insurer in writing.
The
insurer shall take
notes on the
insurance policies after
receiving the written
notice
on
the
change
of
the
beneficiaries.
In
changing
the
beneficiaries,
the
insurant
shall get the consent of the insured.
Article 64
After the death of
the
insured, the
insurance
money shall be treated as
the
legacy of the
insured and the
insurant shall perform
the obligation of paying
the
insurance money to the inheritors of the insured if any of the following cases occurs:
1.
Beneficiaries are not appointed;
2.
The
beneficiaries
die
before
the
insured
and
there
are
no
other
appointed
beneficiaries;
3.
The
beneficiaries
lose
the
right
to
the
insurance
benefit
according
to
law
or
forfeit the right to benefit and there are no other beneficiaries.
Article 65
If the insurant or the beneficiaries deliberately cause the death, injury or
sickness of the insured, the insurer shall not undertake to pay the insurance money.

If the
insurant
has paid
up
insurance premiums
for
more than two
full
years, the
insurer shall, according
to the provisions of
the contract, return
the cash
value of
the
policies
to
the
other
beneficiaries
enjoying
the
right
to
benefit.
If
a
beneficiary
deliberately
causes
the
death
or
injury
of
the
insured
or
deliberately
and
unsuccessfully murders the insured, the beneficiary shall lose the right to the benefit.
Article 66
If
the
insured to the contract that
takes the death of the
insured
as
the
condition
of
payment
commits
suicide,
the
insurer
shall
not
undertake
to
pay
the
insurance, except the cases provided for in the second paragraph of this article, but the
insurer shall return the insurance premiums paid by the insurant according to the cash
value of the policy.
If the insured commits suicide two years after the contract that takes death as the
condition
of
payment
is
signed,
the
insurer
shall
pay
the
insurance
according
to
contract.
Article 67
If the
insured deliberately commits crimes that
lead to
its own
injury or
death, the
insurer shall
not undertake to
insurance payment. If
the
insurance premium
has
been
paid
for
more
than
two
full
years,
the
insurer
may
return
the
cash
value
according to the policy.
Article 68

If a person covered by
life
insurance dies,
is
injured or sick due to the
acts of any third party, the
insurer shall
not be entitled to recover
from
the third party
after
paying
insurance
to
the
insured
or
beneficiaries.
But
the
insured
or
the
beneficiaries shall have the right to claim compensation against the third party.
Article 69
If a contract
is
terminated by
the
insurant,
who
has paid
up premiums
for
more
than
two
full
years,
the
insurer
shall
return
the
cash
value
of
the
policies
within 30 days starting from the date of receiving the notice of contract termination. If
the
premium
has
been
paid
for
less
than
two
full
years,
the
insurer
shall
return
the
premium after deducting the commissions according to the provisions of the contract.
Chapter III Insurance Company
Article 70
Insurance companies shall adopt the following organizational forms:
1.
Joint stock company;
2.
Wholly state-owned company.
Article
71
The
opening
of
an
insurance
company
shall
get
the
approval
of
the
insurance supervision and administration department.
Article
72
The
opening
of
an
insurance
company
shall
meet
the
following
requirements:
1.
It
shall
have
articles
of
association
as
provided
for
by
this
law
and
the
company law;
2.
It shall have the minimum registered capital provided for in this law;
3.
It shall
have senior
management
staff
with professional knowledge and
work
experience;
4.
It shall have a sound organizational setup and management system;
5.
It shall have offices and other related facilities that are up to the requirements.
In examining and approving the applications for setting up insurance companies,
the
insurance supervision and administration department shall
take
into consideration
the need of the development of the insurance business and fair competition.
Article 73
The
minimum
amount
of
registered
capital
for
an
insurance
company
shall be RMB200 million.
The minimum amount of registered capital shall be the paid in money capital.

Insurance
supervision
and
administration
department
may
adjust
the
minimum
amount of registered capital in the light of the business lines of an insurance company
and its operational scale.
But
the
amount
shall
not
be
less
than
the
limit
set
in
the
first
paragraph
of
this
article.
Article
74
In
applying
for
the
establishment
of
an
insurance
company,
the
following documents and materials shall be submitted:
1.
An application, which should specify the name, registered capital and business
line of the insurance company to be set up;
2.
Feasibility study report;
3.
Other
documents
and
materials
required
by
the
insurance
supervision
and
administration department.
Article
75
An
applicant
may
start
preparations
for
the
establishment
of
the
insurance company according to the provisions of this
law and the company law after
the
application
passes
the
preliminary
examination.
If
it
has
the
conditions
of
establishment as provided for in Article 71 of this law, an official application shall be
filed
with the
insurance supervision and administration department, together
with
the
following documents and materials: