| It took thousands of years for the mutual aid developed into modern insurance.Feb.28th.2009, Insurance Act Amendment Bill was passed by the NPC standingCommittee and officially published. This is a systematic revision of the insurance lawof2002. It’s not only a important event in China insurance legal system construction,but also a measure to perfect the legal system of socialist market economy.Beneficiary of insurance is the basic system in the insurance law. Making a scientificand accurate definition of the beneficiary is the guarantee of realization of theeconomic compensation, disaster prevention and loss reduction. However, theresearch on the beneficiary has not been thoroughly and even a monograph cannot befound. What’s more, some conclusions have not made such as the scope of beneficiary,how to ensure the policy-holder’s right.Studying on the domestic and foreign beneficiary related laws and regulationsystem, the author tries to make some contribution to China’s insurance law.This paper, which divided into three chapters, aims to discuss these relevantissues. Attached is the author’s advice for the system.The first chapter is on the definition of the beneficiary.This chapter starts fromthe basic theories of the insurance beneficiary, including the meaning and eligibility.Insurance beneficiary eligibility and beneficiaries do not have to have insurableinterest on insurance object. And the beneficiary system should be introduced into property insurance.The second chapter discusses who has the right and how to designate and changethe beneficiary. In this chapter, the author studies two special situations: designate bywill and by law.The third chapter discusses “beneficiary losing the beneficiary right” and givesadvice to this clause according to the problems still exits.The fourth chapter gives advice to the beneficiary of insurance. This is the keypart of the paper. The author gives the theoretical and practical answers to the firstthree chapters. |
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