Research On The Legal System Of The Beneficiary Designation

Refers to the insurance beneficiary,policy-holder or insurant and the insurer in the process of the insurance contract agreed upon by the benefit main body enjoys the right to insurance claims.Is the contract of insurance after the accident the gainer in the end.And the beneficiary is designated rules is policy-holder or insurant legal rules determine who has the right to insurance claims.Our country "insurance law" the provisions of the specified rules on the beneficiary has from coarse to fine gradually perfect process.For example,the designated beneficiary limit rules and unknown about the beneficiary designated insurance regulations of heritage,the provisions of the beneficial right of the specified order and share the constantly improve and progress.On November 25,2015,the supreme people's court announcement released on the applicable "insurance law of the People's Republic of China" the explanation of some issues of the regulation,has been clear about the dispute over the part of the life insurance beneficiary specified rules.Even so,the existing regulations are not perfect and detailed,compromise to specify model rationality in doubt;Insurance heritage defects obviously;Legal beneficiary system urgently needs to build;Just fill in the beneficiary column not rationality of "identity" to distinguish the processing;The current "named specified" and "the name of the class to specify" inappropriate change rules;The insurance law to explain three sequence of benefit share,benefit allocation rules ignore insurant meaning;The contract specifies the effectiveness dubious had a dispute about issues such as all,uncertain.Aiming at these problems,it is necessary to detail from ought to be,or the level of reality to analyze,identify key controversial points,and put forward the following Suggestions to try to solve the problem,and then improve the beneficiary specified rules: apply to the insured specified pattern appoint beneficiary.Build legal beneficiary system;Just fill in the beneficiary column "identity" need to unified handling;"Named specified" and "the name of the class to specify" changesto "named specified" shall prevail;For the benefit share,the provisions of the order of distribution must clearly insurant meaning;The effectiveness of the sure way will appoint beneficiary.