On Legal Issues About Insurance Beneficiary And Insurance Beneficial Right

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.The thesis can be divided into three parts. 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. Then the author makes clearly that the beneficiary should not be confined to the life insurance contract subject to payment on death. At last the author makes an academic analysis of insurance beneficiary's qualification and quantity. In the second place, the author talks about the designation of insurance beneficiary. Firstly, the author compares the different stipulations of insurance law between China Mainland...