After China has entered the WTO, the opening up to the outside world in the insurance industry cannot be blocked off. The fact that many foreign insurance companies invested in China proves it. Some foreign insurance companies slack its expanding in China because of the disaster of September 11, but it is just exception. It is quite clear that more and more foreign insurance companies will invest in China. Under such condition, the defection in the present insurance law of China will undoubtedly become an obstacle for the rapid development of the insurance market. The modification of the insurance law was passed in October, 2002. Although we expect the modification for a quite long time, many problems remain irresolvable by the insurance law after modification. It is difficult for the judge to handle the insurance cases by present insurance law. For that reason, the Supreme Court brought forward Some Explanation for the Judgment on Insurance Disputes (draft) in December 2003. The explanation is quite useful for the resolution of insurance disputes, but it had already modified present law and added up a lot of new content. So it is widely suspected and criticized. The defection in the present insurance law brought many problems in the practice of the insurance industry. The beneficiary problem is one of most serious problems, which draws much attention of the public. Our insurance law does not follow the insured standard. Nor does it follow the applicant standard. As for the applicant, the insured, beneficiary, our insurance law cannot make proper distribution of the rights and responsibilities and failed to keep a precise balance between them. This text is divided into five parts to analyze the beneficiary problem. The first chapter discusses some basic theories on beneficiary, including the concept of beneficiary, classification, and legal character. The second chapter analyzes the beneficiary problem in the property insurance. The author points out the rationality of designating beneficiary in the property insurance and discusses the issue that the bank is designated as the first beneficiary in the practice of realty repayment guarantee insurance and vehicle repayment guarantee insurance. The third, fourth, fifth chapters focus on the beneficiary problems in the personal insurance of the present insurance law. The third chapter discusses the qualification of beneficiary and states that the beneficiary should have insurable interest. The fourth chapter discusses the designation and the change of the beneficiary. The fifth chapter discusses the content, character, exertion and forfeit of the beneficial right. At last, the sixth chapter gives its own suggestion on the beneficiary system in our insurance law. On the basis of analysis on actual practice and comparison between our present system and the mature theories and customs in practice of foreign countries, the author comes to such conclusions. The concept of beneficiary and the concept of the insurance benefits claimer are not the same concept. The two concepts has both linkages and differences. The beneficiary is not bound to obtain the insurance benefits while the one that obtain the insurance benefits is not the generally called beneficiary. The beneficiary is not the party of the contract, and he cannot affect the force of the contract. Beneficial right can be divided into two classifications, and each has its own character. Beneficiary does not only exist in personal insurance, but also exist in the property insurance. Beneficiary is not limited to natural person. The designated beneficiary should have insurable interest. The designation and change of beneficiary should be exerted by the applicant and agreed by the insured. The designation and change of beneficiary should be by certain means. The exertion of the beneficial right is not subjected to the prerequisite of the death of the insured. The articles on the forfeit of the beneficial right can be discussed and further improved.
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