Related Legal System Lssues About Insurance Beneficiary

As the steady development of Chinese insurance industry and the strengthening of people's awareness of the importance of insurance,life insurance attracts more and more people's attention,for it holds a direct relationship with the interest of the main parties concerned in the insurant contract and the healthy and orderly development of the whole insurance industry.The author points out some inappropriate places of some regulations concerned with insurance beneficiary and beneficial right of Chinese law of life insurance,at the same time gives some advices to modify such inappropriate.Such conclusion has been drawn by using the methodology of comparative study and positivist jurisprudence to study the advanced legislation modals of other countries and regions and consider about the actual situation of Chinese insurance industry.This article gives profound explanations of China's Insurance Law, and relevant insurance regulations, and insurance clauses. Fron perspectives of insurance principles and legal theory, the article discusses situations in which legal modifications of the insurance beneficiary should be made. The explanation and the analysis will be of use to clarify misunderstandings in insurance-related legal practice and to improve the beneficiary system in the Insurance Law.This thesis consists of four parts. Layers of in-depth analysis of the Chinese legal system related to insurance beneficiary. The first chapter mainly analyzes the relevant laws about insurance beneficiary.In the first place,it talked about the definition of insurance beneficiary.The author lists different definitions of insurance beneficiary given by China mainland,the USA and China Taiwan and makes a comparison between them,and then analyzes the definitions from broad sense and narrow sense.The author illustrate the applicable scope of insurance beneficiary,pointing out that the scope of beneficiary should not be confined to life insurance contract,but should also be properly extended to property insurance. The second part about the designating and changing of beneficiaries, And it is only the insurant who has the right to alter the beneficiary. The principle of party autonomy is the central part of the insurance law. We shouldn't impose the restriction of the law. The third part is the right to the source and nature of beneficial interest of the analysis. The fourth part is a perfect legal system of China's insurance proposal .The last,the author summarizes the above suggestions.