A Study Of The Insurance Beneficial Right

Beneficial right is one of the key issues in insurance contract, which should be designed in order to keep a good balance among the policy holder, the insurer, the insurance beneficiary, and the insured. But in our legislation, there are only some simple descriptions about it, such as the definition, the designation, the alteration, the extermination and so on. And among them, there are much irrationality and even blank space concerning the insurance beneficiary system in the current law of insurance. All the problems hindered the development of insurance spirits. Therefore, the writer not only tries to clarify the beneficial right theoretically, but also offers some suggestions practically to perfect our legislation.The thesis contains five parts. Comparing with overseas matured insurance ideas, the article analyses its existing field, theory of law, designation and alteration, and discusses the legal status, extermination, protection and limitation of the insurance beneficial right on the basis of the insurance beneficiary by using comparative and positive method.In Part One, the basic theory and the analysis of the nature, starting with the contract for the third party, the writer makes the basic theory clearly rooted. As for its nature, the writer separates it into two parts according to whether the insurance accident has happened or not.