Insurance Beneficial Interest Research

Our current insurance law was issued in 1995, it was first modified in 2002,and the second modification was started in 2004.There are some simple description in our current insurance law, such as thedefinition, the designation and alteration of the insurance beneficiary, theinsurance benefits used as heritage, the extermination of the right of beneficiary'sand among them, there are much irrationality and even blank space concerningthe insurance beneficiary system in the current insurance law. Such as, caninsurance beneficiary only be in personal insurance contract? Who has the fightto design the insurance beneficiary? How to deal with the benefits when thebeneficiary and the insured died at he same time? The deficiency of insurancelaw leads to some dispute in insurance action, hinders the development ofinsurance business, restricts the deeper development of the theory and spirits ofinsurance to some extent, and also brings about arguments on beneficial rights.I further expound the range of the beneficial rights system, the content andnature of beneficial rights, the exercise, limitation and extermination of beneficialrights with the beginning of the basic theory of beneficial fights by referring tothe scholars existing theory. I make a full and thorough analysis about beneficialright, and also offer suggestions practically to perfect our legislation. Hope to dosome help for the second modification.The thesis contains five parts. In Part One, it is the basic theory and theanalysis of the range of beneficial fights system. I clarify that the nature ofbeneficial rights is the contract for the third party and the third party gain therights on the basis of the contract. Then insist that the beneficial rights system issuitable for all kinds of contracts, including liability insurance.In part two, it is the analysis of the content and nature of beneficial rights. Inthis part, the writer separated the content into the core and the supplementary atfirst. As for its nature, the writer separates it into two parts according to whetherthe insurance accident has happened or not.In part three, it is the master of beneficial rights. At first I expound the general demand about the master, then point out we should bring in the principleof insurable interests for the master. And then discuss the birth and change of thebeneficiary. Gain a clear ideal about concept of"statutory" beneficiary。In part four, it is the performance, and extermination of beneficial rights. Idiscuss the requirement of the performance, and some problem we should paymore attention, and the limitation of performance. And analyze the exterminationof the right in different situation.In part five, I offer some suggestions to perfect the system of the beneficialright for our legislation on the basis of the above discussion。...