Construction Of Independent Beneficiary System Of Property Insurance In China

The insurance market is relatively simple in the beginning of legislation of insurance law.The insurance market subject is far from complex and diverse.However,with the development of the national economy and the change in people's credit consumption concepts,the insured groups in the insurance market and the beneficiary groups insured have also undergone earth-shaking changes.As far as the new subject of property insurance is concerned,the third person is designated by the insured other than himself as an independent beneficiary and the situation is widely accepted by the insurer.China's current "Insurance Law" and various judicial interpretations restrict the beneficiaries to life insurance,leading to a lot of disputes in the theoretical or judicial judgments against individual beneficiaries of property insurance.However,the “Interpretation IV of the several issues concerning the application of the Insurance Law of the People's Republic of China”(consultation draft)formulated by the Supreme People's Court in September this year did not mention the nature of the subject,and the attitude of avoiding this discussion is not conducive to the resolution of new types of lawsuits,and it will worsen the diversified results of today's trials.Therefore,the author chooses the independent beneficiaries in the property insurance contract as the research object,adopts comparative analysis,empirical research,and literature research to try to clarify what the nature of the independent beneficiaries in the property insurance is,and to clarify the status of independent beneficiaries and then set up a system of independent beneficiaries of property insurance,also to clarify the rights of independent beneficiaries from the moment they are born to the loss of rights and the rights enjoyed by independent beneficiaries and litigation rights,with a view to providing advice on the resolution of such disputes in judicial practice.This article starts with the different legislations and legal principles of the application of beneficiaries in the insurance law section of various countries,analyzes the narrowness of the beneficiaries in the insurance contracts and the contradictions in reality,and combs the legal basis for the application of independent beneficiaries in property insurance by criticizing the scope of application of the narrowly defined beneficiaries.At the same time,by comparing the differences between the beneficiaries stipulated by the current laws in China and the independent beneficiaries discussed in this article,it is considered that the nature of the independent beneficiaries in the property insurance is not in conformity with them,and thus the relevant provisions in the current law concerning beneficiaries cannot be applied.An independent and adaptable system should be established.Although the term of individual beneficiaries of property insurance is derived from the collateral insurance contract,it is another kind of self-rescue measure opened up by the creditor due to the imperfection of the subrogation right system in China's collateral,and with the accelerated development of commercial efficiency,nowadays in practice,the freedom of meaning of the independent beneficiary according to the contract subject is applied to all types of property insurance contracts.It is not limited to mortgage-type insurance.Therefore,the analysis of independent beneficiaries along the path of subrogation rights in the mortgage will inevitably lead to one-sidedness.Through the interpretation of the purpose of the contract terms,while the claim right based on insurance money is essentially a property right,it does not belong to the right to prohibit the transfer.A considerable number of scholars believe that the terms of the independent beneficiary are essentially the ones concluded by the insurer and the independent beneficiary,only in the insurance contract reflected in the claim on the right to claim the right to pay the terms of assignment.However,according to the theory of creditor's rights transfer in our country,the uncertainty of the right to expect the transfer of rights will cause confusion in the practice of the problem.The irrevocable nature of the transfer of creditor rights will even result in unfair results.The independent beneficiaries in property insurance will regard The right transferee in the transfer of creditor rights is only an idealized explanation for the legitimacy of independent beneficiaries in theory,but it is not feasible in practice.Through the analysis of the legal relationship between the parties involved in the property insurance contract with an independent beneficiary,this kind of contract is actually a third-person contract with real interest.Clearly identifying the correct path of the nature of individual beneficiaries in order to clarify the rights and obligations of the parties involved in the property insurance contract with independent beneficiaries is the fundamental way to solve the problem.At the end of the article,the author tries to construct the system of independent beneficiaries of property insurance.Although the recognition of the status of independent beneficiaries should be clearly defined,its existence may still cause the debtor to maliciously avoid the risk of escaping from debt.Therefore,the application scope must be restricted as necessary.The act of an independent beneficiary obtaining insurance money through improper means should also deprive him of his rights.At the same time,based on the benefit value embodied in the third party benefit contract,the author points out that the designation of the independent beneficiary and the subject of the right to change cannot be served by the policyholder,but it can be served by an insurer only;based on the rights and obligations of various parties and multiple parties in the property insurance contract where an independent beneficiary exists,relief for the independent beneficiary is proposed.At the conclusion,a method of constructing an independent beneficiary system has been added to the conclusions.The idea is relatively superficial,but it is hoped that it will be able to contribute to the perfection of China's insurance beneficiary system.