The Review Of The Insurance System For The Interest Of The Third Party In China’s Insurance Law

According to who the interests belongs to, when the applicant make the insurance contract, the insurance contract can be divided into two different types: insurance for his own interest, the one for the interest of the third party. In 2008, BRD(Germany) revised VVG(The Insurance Contract Law of Germany), which brought the single part of ‘Insurance for the Interest of the Third Party’ into the general provisions of that law. It happens that there is a similar case, after studying and referring the old VVG and Anglo-American insurance law and cases, Taiwan District revised its ‘Insurance Law’,it was also ruled in the general provisions. Meanwhile, through abundant practice, USA has established a special system of the insurance for the interest of the third party. The revise of the current China’s Insurance Law, had absorbed benefits of these insurance law and cases, however, these rules weren’t systematically taken into. By analyzing and criticizing legally and academically, it is better to strengthen the recognize of the nature that insurance is benefit for the third party, it is more clearly to settle the definition of the third party, to clarify the relationship of the applicant, the insurer and the third party, so as to offering a stronger protection for the third party.This article uses the methods of literature and comparative research, to analyze, criticize and refer the domestic and foreign insurance law and theory of the insurance system "for the interest of the third party. It can be divided into five parts:The first part is to define the core of the basic concepts. Starting with the concept of the third party, this part introduces the third party in civil law, then limits the scope of “the third party” in insurance law, only discusses the insured and beneficiary. The definition and characteristics of contract “for the interests of the third party” in civil law and those of the insurance contract are also compared. In the end of this part, the system of insurance for the interests of the third party is briefly described.The second part is the current situation and the problems of China’s insurance law about the regulation of insurance “for the interests of the third party”. The so-called “third party” has nothing to do with the one discussed in this paper, and there is no systematically concerned regulation in China’s insurance law. Two problems are listed above: the first one, lack of understanding the nature that insurance contract is for the interest of the third party; the second one, rights and obligations of the insurance contract party need to be further clarified.The third part is to differentiate and analyze positions of the third party and the applicant, the insured, the beneficiary and other people who has rights. This part is a further description of the first part.The fourth part is to introduce law and cases of different countries and districts. Firstly, it contains the provision of 43-48 in VVG, the 45 th provision in ‘Insurance Law’ of Taiwan District, and the comparing and analyzing. Secondly, some special rules in American Case Law are described, a case is also used. At the end of this part, related rules in the current China’s Insurance Law is briefly introduced and analyzed.The fifth part combines the position of a third party with the legislation of the various countries and regions, offers some improvements and recommendations for defects of the insurance system “for the interests of the third party”.