29-013 · EVIDENCE A · SOURCE-SENSITIVE
Don’t treat death as a way to settle debts: life insurance won’t pay out for suicides within two years, workplace injuries won’t be recognized, and debts are still deducted from your estate first.
别拿死当还债的办法:两年内的寿险不赔,工伤不认,债照样先从遗产里扣
There is no expense involved; you just need to do the math.
If you commit suicide within two years of buying a life insurance policy, the insurer won’t pay out any benefits — only the cash value of the policy is returned. Workplace injuries also won’t be recognized, so no compensation is paid for a work-related death. Any outstanding debts are deducted from your estate first, leaving only the remainder for your family. They also have to bear the health consequences described in Section 4 of this chapter (relatives of suicide victims face a 7–8 times higher risk of developing a mental disorder within five years).
A
Move “Don’t treat death as a way to settle debts: life insurance won’t pay out for suicides within two years, workplace injuries won’t be recognized, and debts are still deducted from your estate first.” to Future Me's calendar
The excuse
One more exception feels free because the bill arrives outside the current scene.
What feels good now
Today I keep a few minutes and avoid interrupting my default routine.
What the source says
The source summarizes the return this way: “If you commit suicide within two years of buying a life insurance policy, the insurer won’t pay out any benefits — only the cash value of the policy is returned. Workplace injuries also won’t be recognized, so no compensation is paid for a work-related death. Any outstanding debts are deducted from your estate first, leaving only the remainder for your family. They also have to bear the health consequences described in Section 4 of this chapter (relatives of suicide victims face a 7–8 times higher risk of developing a mental disorder within five years).” Evidence grade A. The original states the population, caveats, and sources; this is not a personal forecast.
Use the original facts and limits. For an urgent medical, safety, financial, or legal issue, contact a qualified local professional or service.
THE ENGLISH EDITION
Original recommendation and evidence
13. Don’t treat death as a way to settle debts: life insurance won’t pay out for suicides within two years, workplace injuries won’t be recognized, and debts are still deducted from your estate first.
Cost: There is no expense involved; you just need to do the math.
In plain terms: If you commit suicide within two years of buying a life insurance policy, the insurer won’t pay out any benefits — only the cash value of the policy is returned. Workplace injuries also won’t be recognized, so no compensation is paid for a work-related death. Any outstanding debts are deducted from your estate first, leaving only the remainder for your family. They also have to bear the health consequences described in Section 4 of this chapter (relatives of suicide victims face a 7–8 times higher risk of developing a mental disorder within five years).
Benefit: Article 44 of the Insurance Law governs contracts where death is the condition for payout. Within two years of the policy’s start or reinstatement, if the insured person commits suicide, the insurer is not obligated to pay any benefits. However, if the insured was legally incapable of making decisions at the time of suicide, the insurer must return the policy’s cash value — meaning only a partial refund, not the full coverage amount. Typical life insurance payouts run into the hundreds of thousands of yuan, so this benefit is considered substantial. Article 16(3) of the Work Injury Insurance Regulations states that self-harm or suicide does not qualify as a work injury, so none of the three types of compensation for work-related deaths apply: a six-month funeral allowance based on local average monthly wages, survivor’s pensions, and a one-time payment equal to 20 times the national per capita disposable income. Articles 1159 and 1161 of the Civil Code stipulate that estate settlement must first cover all legally required taxes and debts, with heirs only receiving what remains — they’re liable only up to the value of the inherited assets, and can avoid this obligation by renouncing their inheritance.
Evidence grade: A
Sources: Standing Committee of the National People's Congress (2015 revision). Article 44 of the Insurance Law of the People's Republic of China. <https://flk.npc.gov.cn/detail?id=2c909fdd678bf17901678bf7c4060811>; State Council of China (2010 revision). Regulation on Work-Related Injury Insurance (State Council of China Order No. 586 No.) Article 16, Article 39. <https://www.gov.cn/gongbao/content/2011/content_1778064.htm>; National People's Congress (2020). Civil Code of the People's Republic of China Article 1159, Article 1161. <https://flk.npc.gov.cn/detail?id=ff808081729d1efe01729d50b5c500bf>
Notes: This entry focuses solely on financial implications. Other entries in this section and Section 1 aim to prevent such situations from occurring. Article 44 of the Insurance Law applies only to the first two years after purchase; it is included here for completeness, not as a strict timeline. The health risks for family members are detailed in Section 4. For help dealing with suicidal thoughts, see Sections 1.25 and 1.32; information on post-survival complications can be found in Section 1.33. The exact amounts for the three work injury benefits are listed in Section 19.15, while the procedures for accessing housing provident funds and social insurance benefits from an estate are explained in Section 25.9. 〔100000〕
Read the complete Chinese source and notes
13. 别拿死当还债的办法:两年内的寿险不赔,工伤不认,债照样先从遗产里扣
成本: 不花钱,只是把这笔账算清。
说人话: 寿险合同两年内自杀的不赔,只退保单里能退的那点钱。工伤也不认,工亡的三笔钱一分没有。欠的债先从你留下的遗产里扣,家里人只拿剩下的。他们还要承受本节第 4 条(因自杀或暴力死亡丧亲)说的那份健康代价。
收益: 保险法第四十四条管的是以被保险人死亡为给付保险金条件的合同。从合同成立或者合同效力恢复之日起算,二年内被保险人自杀的,保险人不承担给付保险金的责任。被保险人自杀时为无民事行为能力人的,也就是法律上不能为自己行为负责的人,不在此列。这种情况下保险公司应当按照合同约定退还保险单的现金价值,即只退保单里能退的那点钱,不赔保额。寿险保额通常在数十万元级,收益因此定为大。工伤保险条例第十六条第三项规定:自残或者自杀的,不得认定为工伤或者视同工伤。第三十九条那三笔工亡待遇随之全部落空。一是丧葬补助金,按当地上一年职工月平均工资发 6 个月。二是供养亲属抚恤金。三是一次性工亡补助金,为上一年度全国城镇居民人均可支配收入的 20 倍。民法典第一千一百五十九条规定:分割遗产应当清偿被继承人依法应当缴纳的税款和债务,即先拿遗产还税和债,剩下的才分。第一千一百六十一条规定:继承人以所得遗产实际价值为限清偿,也就是只用继承到的那部分还、不用自己再掏,放弃继承的可以不负清偿责任
证据等级: A
来源: 全国人大常委会 (2015 修正). 中华人民共和国保险法第四十四条. <https://flk.npc.gov.cn/detail?id=2c909fdd678bf17901678bf7c4060811>;国务院 (2010 修订). 工伤保险条例(国务院令第 586 号)第十六条、第三十九条. <https://www.gov.cn/gongbao/content/2011/content_1778064.htm>;全国人大 (2020). 中华人民共和国民法典第一千一百五十九条、第一千一百六十一条. <https://flk.npc.gov.cn/detail?id=ff808081729d1efe01729d50b5c500bf>
备注: 这里只算钱这一笔账。本节和第 1 节的其他条目说的是别走到这一步。保险法第四十四条管的只是前两年,写出来是为了把条文说全,不是在给时间表。家人的健康代价见本节第 4 条(配偶死于自杀者 5 年内新发精神障碍风险高七到八成)。念头冒出来时怎么办见第 1 节第 25、32 条,救回来之后的后遗症见第 1 节第 33 条。工亡三笔钱的标准见第 19 节第 15 条。遗产和债务的具体手续见第 25 节第 9 条(逐个去取公积金和社保待遇)
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