Beneficiaries System

In the insurance system,the system of beneficiary is a basic system. The beneficiary who is guaranteed by the insurance,gets the most benefits in the insurance.Defining the beneficiary accurately,is the premium of compensating accurately and attaining the goal of the damage prevention and economic stability.Therefore,the research of beneficiary has a very important meaning both from theories and practice.However,the research of beneficiary in our country has not go deep enough.In this paper,I have got an overall investigation of the law text and the related insurance research and also the practice both from domestic and abroad.I get a research of the insurance beneficiary's system,in order to define the beneficiary accurately,and try to tell beneficiary from the insured,the insurer underwriter and applicant in the meantime,because their relation is the key point of the insurance law.Though this paper,I want to provide advice for our insurance law which is going to be amended and also provide a reference for practice of the insurance dispute.Textual structure is as follows:This text has six parts,the first part is a preface,which introduces the system of the beneficiary simply.The second part is about the definition of the beneficiary,considering the four theories,I think according to the principle of autonomy of private law,the beneficiary can exist in both the life insurance and property insurance.I also make comparison among the beneficiary and insured,inherit,the victim of liability insurance,in order to get a more clear view of the beneficiary's special position in the insurance law.The third part is about if the beneficiary should get insurance benefits. Though the analysis between the two legal system,I think the different between the two legal system is due to the different choice,and there is no yes or no.Looking back to the insurance industry,we should make different regulation according to different character of life insurance and property insurance.The Forth part has an analysis of the creation of the beneficiary.I get an analysis of the one who appointing,the way of appointing and the problem in the appointing.In the one who appointing,I think the view compromising is best.But I also believe,the importance of the insured must be seen.In the way of appointing,I analysis three kinds of way,and gets my own view about it.The fifth part gets an analysis of the change of the beneficiary.First,I analysis the effect of "written notice" and "commentary",and I agree the change is an act of one side.Then I introduce the change in two legal systems,which are reserve doctrine and direct doctrine.Then in my view,the doctrine in our country is "super direct doctrine" and the protection to beneficiary is not enough.In the meantime,we should list the special circumstances of non change.The sixth part is a conclusion and gets an overall comment.