Researches On The Rules Of Insurance Beneficiary Right Loss

Insurance beneficial right is an important concept in the law ofinsurance,Beneficiary can in accordance with the insurance contract implementation,To the extent that represents the insured establishment of an insurance contract withan applicant’s objective is to achieve. Studies of the insurance beneficial right lossrule, is to study the right to benefit insurance is an important aspect of. China’s2009revised "insurance law" on the beneficial right loss rules have made new provisions,More focus on the protection of insurant and beneficiary rights, But the current"insurance law" there are still many deficiencies, I hope the study shown in this papercan have some contribution to the improvement of our country insurance legislation.This paper is consisted of six parts:The first part of this paper mainly expounds the research background, and theright to benefit loss rule makes the brief elaboration.The second part expounds the concept and nature of the insurance beneficialright, explicit insurance beneficial right in what kind of insurance contract, and thenature of the right of benefit of insurance, including the definition range.Will the insurance beneficial right before and after insurance accident happensdifferent properties were discussed, clear in the insurance beneficial right before theaccident just a forward position, after insurance accident happens is transformed intothe clear property right. Exist not only in life insurance contract insurance beneficialright, but also can exist in the contract of property insurance, personal insurancecontract only exists in common.The third part mainly discusses the value connotation of beneficial right ofinsurance loss rule, here will benefit type of losing right separate two parts loss andlegal loss, and the loss of part of the statutory do an in-depth exposition, clear benefitright legal loss plays an important role in the insurance contract to the realization, atthe same time for the maintenance of social justice is the important support.The fourth part mainly discusses the revised in2009before the "insurance law"defects and contradictions, and the current "insurance law" on the beneficial right of the loss of rule changes are discussed. Through the revision of insurance law changesbefore and after the change, the idea of legislation in our country’s Insurance law. Thecorrect application of the current insurance law put forward new ideas.The fifth part on the basis of the fourth part, put forward to our country law ofinsurance beneficial right loss rule proposals, put forward China’s Insurance Law inlegislative amendments in the future, should be more detailed, clear beneficiaries losebenefit eligibility, distribution mode of the insurance money should be in accordancewith the proportion of the share given goodwill beneficiary, and that should be on thelaw of insurance beneficiary resulted in the death of the insured, injury or illnesssubjective consciousness from deliberately extended to gross negligence.The sixth part is the conclusion part of this paper, the full text of the views andwriting ideas are summarized, and pointed out that China should accelerate thedevelopment of the current insurance law rules pace, in order to make contributions tothe theory and practice of our country’s Insurance law.