Applicant's Right Of Changing Beneficiary In Life Insurance

China enacted insurance law in 1995,since then it was amended respectively in 2002 and 2009.Three judicial interpretation also issued by the supreme people's court.In general,however,the beneficiary change right system is still not comprehensive,there is still room for further refinement on many issues.Like the subject of exercising the change right,our country's insurance law prescribes that the applicant change the beneficiary based on approval from the insured.Thus,there would be no problem when the applicant and the insured are the same person,otherwise it's worth exploring whether the regulation can effectively protect the interest of the applicant.Aboutalter mode,our country's insurance law takes the form of notification However,under the situation of rapid development,multiple alter modes are spring up,will change is the typical representative,but this mode has some blanks in the legislation.In comparison,on system design,Japan and Taiwan is comparatively perfect.Insurance law has its corresponding rules in United States,at the same time,U.S.Supreme Court precedent played a great role in promoting the development of the system of beneficiary change.Based on this,this article begin with the basic theory of insurance beneficial right and the beneficiary,to the problems of the applicant or insured's right of change beneficiary in current law system,combined with the relevant theory of "contract law" and "inheritance law",this article will analysis comprehensively applicant's right of changing the beneficiary through using literature analysis,comparative analysis,logic analysis and other research methods,and comes to conclusions and suggestions.The whole article is made of five parts,the structure is as follows:The first part introduces the basic concept of beneficiary in Life insurance,which made the subject and participant clear in the insurance,and expounds the beneficiary has the important status in the insurance type,clarifying beneficiary's change system is one of the core issues in life insurance.At the same time,in order to avoid complicated relationship and chaos in using concepts because of applicant and insured is different in this paper,the premise of this paper in the part will be limited in the case of applicant and insured are the same.At the same time,this part will make a simple problem list of the beneficiary's right of changing,as following parts do matting.The second part is mainly introducing the beneficial right of the beneficiary,and the right of the beneficiary changes,the theory basis of the formation of the beneficial right of the derivation,which leads to the basic theory of beneficial right——the contract for the interests of third person in civil law,stating the difference between the contract for the benefit of a third person and in regular civil law and the contract of life insurance,analyzing the legal nature of the beneficial right of the beneficiary and the exercise of change of ownership at the same time,which is helpful for the following study.The third part focuses on the related legal problems of applicant's right of changing beneficiary,mainly related to the current existence of many countries and regions of two way about changing the specification of the beneficiary,namely direct and retain doctrine.Besides,this part also discuss the legal nature of behavior of changing is unilateral,legal actions,un-specificity.In addition,combined with the provisions of other countries and regions about the main way to change the beneficiary and its effective time,discussing change the beneficiary's intention is to somebody or nobody,and be the feasible basis of will can change beneficiary in the next section.The fourth part mainly discusses the legal effect of will change the beneficiary,which leads to the problems of related concepts involved two cases,and inspecting the specification of this system in other countries,analyzing the focus of controversy and reasons in current academic area.Based on this,demonstrates the feasibility of will change the beneficiary and whether the heir can inherit the contract and perform the right of changing beneficiary when applicant died,to fully involve problems about changing rights no matter the applicant is dead or alive.The fifth part is about how to improve the system of the right to change beneficiary in insurance law and put forward some ideas.In combination with above research,this part will simply analyze problems about the applicant's right of changing beneficiary in life insurance at first and then put forward some corresponding suggestion.At the same time,the last part will discuss how to balance relevant interests between applicant and insured when they are not the same person and the former wants to change the beneficiary from the theory in explanation and legislation.