Research On Completing Legal Institutions Of Insurance Beneficiary

In written law countries, the law is always lagging, especially in the areas of theeconomy. At the same time, because the recovery time of our country insuranceindustry is too short, insurance related disputes and litigations are also increasing withthe expansion of the insurance market. Many cases have never experienced before,and have no corresponding legal to be referred even in the insurance law. in fact,many of the cases are insurant and beneficiary v. insurance company, and the mostimportant dispute is the problem of insurance payment. The core of the problem isinsurance beneficiary. The regulations of beneficiary are mainly concentrated in fouror five articles of China’s2009revised "insurance law". Although insurance law hasimproved than before, many problems in practice have not been set clearly. Someregulations lack of operability, and it is not conducive to protect legitimate rights ofinsurance beneficiary.Firstly, the concept of the insurance beneficiary has always been the focus ofacademic debate. What legal identity insurance beneficiary is in an insurance contract,the point that insurance beneficiary is client doesn’t conform to the legal, the pointthat insurance beneficiary is related parties is only academic words, lacking of legalbasis, the point that insurance beneficiary is third party of altruism contract need specific issue concrete analysis. Under our country’s specific national conditions thatChina is a statute law country, the insurance beneficiary should not is restricted by theconditions that insurance beneficiary should have insurance interest of the insurancemark.Secondly, The current insurance law has a defect for the rules about insurancebeneficiary. The provision that the institutions of insurance beneficiary only applies toproperty insurance, not only causes widespread controversy, has also been out of lineof the insurance practice. Our country’s insurance law has incompletion, such as, theinstitutions of appointing produce, statutory produce and alteration, which can notsuccessfully solve the reality disputes in judicial practice. Settlement mechanismwhich coordinate disputes between insurance beneficial right and other civil rights hasnot yet been established.Thirdly, I will analyze the problems of the beneficiary in our current insurancelaw to provide arguments for finally suggestions. I will take comparative analysisbetween “point of support” and “point of against” about whether beneficiary systemcan apply to property insurance, and interpret it fully from legal basis and practicerequirements. The differences between insurance system and inheritance systemexpose the defects of article42of China’s insurance law, and highlight the necessityof establishing legal beneficiary. I will provide evidence for the idea in article by legaltheory analysis and empirical analysis about the ownership of the right to change, therights of the beneficiary, the effectiveness of beneficiary change program and theeffectiveness of the will way to change the beneficiary.At last, I will put forward the idea to perfect our legal system of insurancebeneficiary. This paper mainly through setting up the system of the beneficiary inproperty insurance; standard the way of assigning beneficiary and the specifyprocedures, setting up the legal system of the beneficiary, specification ofbeneficiary’s change system in detail; and setting up interest conflict resolutionmechanism in beneficiary, pledge right holders and creditors to complete our country’slegal system of insurance beneficiary.