Research On The Issues Of The Determination Of The Insurance Beneficiary

System of insurance beneficiary is one of important system oninsurance law. Insurance beneficiary is to point to by the applicant or theinsured in the insurance contract is specified in the insurance accidenthappens to enjoy the benefit right of claim. Insurance beneficiary is notthe party of insurance contract, but as the party of insurance contract, therelationship of policy-holder or insurant conclude a contract with thepurpose can be fulfilled, can be fulfilled by the insurance of the insuredpeople focus idea. From insurance legislation and practice of our country,the insurance industry practitioners understanding of insurancebeneficiary and insurance consumers there is a big error, together withour country system of insurance beneficiary is not perfect, causing muchcontroversy and disputes in insurance practice. The complete ofinsurance legislation and practice, therefore, settlement of disputes of insurance beneficiary for research is quite necessary.Although in2009the new revised "insurance law" has made bigprogress, such as the principle of insurable interest more refined and clear;Has been clear about the beneficiary and the insured die of the sameevent handling and so on. But for the beneficiary system regulations thereare still many loopholes. Therefore, this paper probes into the insurancebeneficiary, the essay discusses the related problems into three pieces ofsystem.The first part mainly discusses the basic meaning of insurancebeneficiary, scope of application and related problems. Examples of eachregion and scholars point of view, and comparison analysis, andconcluded that the beneficiary should be limited to the conclusion ofinsurance of insurance against death. In the source to clear beneficiary ofconnotation and denotation, do the necessary preparation as below.The second piece of generation and determine for insurance beneficiary. First of all, through the above ground will have a way toappoint designated beneficiary and beneficiary of the statutorybeneficiary is discussed separately. To appoint designated beneficiary, thebeneficiary should be by belonging to the insured, but should be with theconsent of the insured as necessary. Because only in this way bothconform to the law of contract, and can effectively prevent theoccurrence of moral hazard. To the designated beneficiary is divided intospecified in the contract and specified in the contract. Specified incontract laws, so I think it is not specified in the contract legislationshould be clear, only in this way can conform to the meaning ofpolicy-holder or insurant. Second, think should be the legal beneficiarylegislation, the legal beneficiary column fill out the "legal" in practice, inorder to solve "legal beneficiary" unknown words and specify therelationship, and so on and so forth to give a clear legal basis toeffectively solve the disputes. Finally, according to the above discussion, to practice in the beneficiary column fill in "legal relationship" word"identity relationship" and the beneficiary prior to or simultaneously withthe insured death special situations such as how to determine thebeneficiary are analyzed in order to make the practice to clarify on thesolution of the problem.Last part, summing up the view of above the author of legislation toimprove the points.First for the designated beneficiary the subject andscope of specified principal legislative proposals and tentative design oflaw, the insurance beneficiary should be limited to death insurance, byshould exercise but by the insured to agree as necessary. Second, into thestatutory beneficiary method is discussed, and perfect the relatedlegislation into law after done along with all the tentative design of thelegislation. Finally, to the beneficiary prior to or simultaneously with theinsured death benefit and how to determine and legislative proposals areput forward the law tentative design, in order to clarify this case the beneficiary with the beneficiary’s share of the "insurance law" and"inheritance law" entangled state.