Concepts are cells of thinking. Any theoretical research can't lackconcepts defined accurately. The insured is one of the most importantconcepts in the insurance theory, so whether define it accurately or notwill cause a series of important issues in the insurance theory and practice.After analyzing carefully, I think the already existing concept of theinsured of our country is worth discussing. A lot of questions in the circleof insurance of our country have close relations with the definition of theinsured. First of all, the definition makes the insured in the life insurance veryspecial. We know that a person's death is often not merely his personalloss, it is others' loss too. However, according to the definition, theinsured in the life insurance is owner of subject matter - -insured life, sopeople can't insure others' life as the insured. It makes people verydifficult to shift risk caused by others' death or wound. Secondly, when the insured and the applicant are not the same people,the insured contravene the principle of insurable interest. The law ofinsurance of our country stipulates the insured enjoy the insurance policycoverage, so applicant is unable to utilize insurance to obtain unjustifiedenrichment and needn't to be required to have insurable interest. Third, the law of insurance of our country has ignored the purposethat the applicant settles a bargain, and it caused the relation of theinsurance contract to be extremely complicated. In sum, our country's traditional concept of the insured is unfavorableto the research on insurance of our country, so it is extremely necessary todefine the concept of the insured again. Because "the insured" of Chinese are easy to be interpreted as "theperson who is covered by insurance ", so I think we can define theinsured as follows: The insured is person or organization whose interest isprotected by insurance. The people who have insurable interest can obtaininsurance as the insured. After defining the concept of the insured again,people can shift the risk caused by other's death. After defining the concept of the insured, we should also define orrevise other relevant concepts. First of all, in the life insurance the insured can insure others' life toprotect his own interest, so it is not appropriate to call the other peoplethe insured at this moment; we should call him with other words. In orderto distinguish the people whose life is insured with the insured, I callthem as the life insured. Secondly, we should revise the definition of applicant. I think itshould be renamed as "insurance applicant", and insurance applicant is"people who put forward application to insurance company ". Third, we should definite the policy owner. The policy owner is aperson with ownership of the insurance policy. Owner can occupy, use,benefit from and handle his insurance policy. The main contribution of this text is that the title is unique. Withconcept of the insured as the breakthrough point, this text has involvedevery aspect of the insurance theory and the practice. Seldom there isresearch that scholars are engaged in at home. No doubt, the completionof the insured will exert a great influence on the insurance theory andpractice of our country. After defining the concept of the insured again, we can use theinsurance theory and experience of the developed country for referencemore easily. The insurance company can develop a lot of new products tomeet demands of people. |