Since 2001,our country's compulsory enforcement system has been divided into two major systems: one is the Civil Enforcement Division of the local court, and the other is the branches of the Administrative Enforcement Agency of the Ministry of Justice. The former is responsible for the enforcement of civil claims and debts, and is called "civil enforcement"; the latter is responsible for the enforcement of monetary payment obligations under public law, and is often called "administrative enforcement."
The insurance system has a long history and has many forms. In recent years, it has often become a flow of public funds. When people become the obligors of administrative execution because they have the obligation to pay money under public law, whether the rights and interests derived from the insurance contract they own can become the subject of execution is the main focus of this article.
This article focuses on the five common entitlements in general insurance contracts ―insurance benefits, policy value reserves, policy borrowing entitlements, contract modification entitlements and beneficiary entitlements. ―To analyze their significance in insurance contracts and explore their possibilities in administrative execution. The situations encountered and the current practical operation status. Whether these entitlements can be exercised and how to serve as targets for execution are also the focus of this article. The entitlements derived from these insurance contracts are recommended to refer to foreign legislation on compulsory enforcement as a reference for future revisions of our country's laws on related systems or issues.
In terms of chapter arrangement, the first chapter is the introduction, which is the research motivation and purpose of this paper, the research method, and defines the scope and limitations of the research as well as an overview of each chapter. Chapter 2: Overview of Entitlements in Insurance Contracts, introduces the meaning, nature, reasons for formation and legal provisions of the five aforementioned entitlements derived from insurance contracts that may be related to administrative execution. Chapter 3: Enforcement of Insurance Benefits, discusses the execution of insurance benefits and claim rights respectively. The last section summarizes the laws and regulations on the execution of insurance entitlements in various states in the United States, and introduces the American administrative enforcement system.
Chapter 4: Execution of Policy Value Reserves. This article summarizes and analyzes the affirmative, negative and compromise opinions of domestic scholars and practitioners regarding whether it can be enforced. This paper puts forward this article’s views and analyzes the adjudicate of 108th annual No. 897, The Grand Chamber of the Civil Court of the Supreme Court of Taiwan, regarding the subsequent impact of adjudicate. And finally summarize the execution of policy value reserves in various states in the United States (where there are express provisions) for reference. Chapter 5: Execution of Policy Borrowing Entitlements and Contract Modification Entitlements, research and demonstration on whether this entitlements can be the subject of execution and US legal system, and research on its execution methods. Chapter 6: Enforcement of Beneficial Entitlements, discusses the legal liability and enforcement methods derived from the change of beneficiary rights if the obligor is a beneficiary, introduces the legal system of beneficiary's right to intervene in Germany and Japan, and discusses its impact on administrative enforcement , evaluate whether our country has introduced it.
This article also translates into Chinese the enforcement regulations on insurance benefits and policy value reserves found in various states in the United States, and common enforcement orders also lists in the appendix for reference.