Study On The Legal Status Of Insurant

After research, we found very big differences among insurant(the insured) on insurance laws of different countries and regions. These differences in essence are legal cultural differences. From the perspective of the nature and function of insurance,the basic features of the insurant should not be changed. The basic features can be put on in two aspects: first, the loss is caused by insurance accident; second, they have insurable interest from some specific objects. Therefore, the concept of the insurant should be defined according to the above features.When the academia studied the legal status of the insurant, most of them defined the insurant from the angle of the subjects of insurance contract, and the definition aroused the dispute between the parties to a contract and relating person of a contract.During the course of the evolution from the relationship of insurance to the legal relationship of insurance, insurance contract is only the legal method or way that people join in the insurance system, functionally it is the legal fact that the insurance legal relationship has changed. The legal relationship of insurance contract is only partial content of the insurance legal relationship, and the legal status of the insurant should be defined in the insurance legal relationship.The insurant was evolved from the risk individual. The establishment of the whole insurance law should focus on the insurant, at the same time, the duties and rights should go through the beginning and the end of the insurance legal relationship and play a decisive role. The specific design of duties and rights should be developed from theoretical and regulatory aspects. The theoretical aspect aims to explain the scientificity and rationality of duties and rights, and the regulatory aspect aims to explain the specific content of duties and rights.In spite of this, the deviation between the legal status and the realistic status of theinsurant is an unavoidable fact, the implementation of the legal status of the insurant need the aid of public law. Among them, the basic method is to implement special insurance education, from the perspective of indirect way, in order to strengthen explanatory duty of the insurer, we can take multiple supervision measures.