On The Insurance Beneficiary And Benefit Right

With the development of our country’s economy and the improvement of residents’income level,people pay more and more attention to their own security.As one of the important related parties in insurance contract,the insurance beneficiary has the right to claim insurance gold.An accurate understanding of the beneficiary is the key to ensuring that the insurance company pays the insurance premium smoothly and achieves the ultimate purpose of insurance.Further clarification of the beneficiary’s related issues is not only helpful to guide the public to insure and request the payment of insurance money,It is also helpful for insurance companies to develop insurance products,undertake insurance policies and claim settlement services,and improve and improve our country’s insurance legal system,which is also of great significance to promote the healthy development of our insurance industry.On the basis of reference to relevant literature,this paper compares the similarities and differences between China and other countries or regions on the insurance beneficiary system by interpreting the international provisions on insurance beneficiary.Combined with some problems in insurance practice,this paper analyzes some problems existing in China’s insurance beneficiary system in four part.Some viewpoints and suggestions are put forward for the perfection of insurance beneficiary system in China.The first part defines the insurance beneficiary and analyzes the scope of its existence,by comparing the provisions of the relevant laws of different countries and regions,at the same time combining with the relevant provisions of the Insurance Law of our country.The concept of beneficiary and the scope of its existence are defined,and the reasons are analyzed.The second part is the analysis of the problems arising from the beneficiary’s designation.It mainly discusses from the two aspects of the subject of designation and the mode of designation,combines with the international legal provisions on the designation of beneficiary,and analyzes the reasons.This paper redefines the subject of beneficiary designation in our country.In addition,it analyzes some problems existing in the relevant provisions of Judicial interpretation of Insurance Law(Ⅲ),and puts forward some suggestions.The third part is to discuss the change of beneficiary from three aspects:the subject of the change,the procedure of the change and the effective time of the change.This paper points out the problems existing in the relevant provisions of the Law on Insurance and the Judicial interpretation of the Insurance Law(Ⅲ),redefines the subject of the change of the beneficiary,and perfects the provisions on the effective time of the change of the beneficiary.This paper analyzes the change of will and the establishment of the system of unalterable beneficiary,and puts forward some suggestions for perfecting the procedure of change of beneficiary.The fourth part is to discuss the beneficiary’s right of benefit.First,it clarifies the content and nature of the right of benefit according to the provisions of relevant international law.Second,the loss of benefit right,whether the beneficiary should lose the right to benefit in the case of suicide,mainly from the beneficiary intentionally creating an insurance accident but the insured still survives,This paper points out the problems existing in the relevant provisions on the loss of the beneficial right in the Insurance Law and the Judicial interpretation of the Insurance Law(Ⅲ),and puts forward some relevant suggestions.Third,from the angle of how to deal with the conflict between the beneficial right and the creditor’s right or the inheritance right,and to discuss the problems existing between the beneficial right and the transfer and pledge of the policy.This paper analyzes the relationship between the policy transferee and the insurance beneficiary and the relationship between the benefit right and the pledge right.Fourth,from the point of view of better realizing the purpose of insurance,analyze the necessity of granting the beneficiary the right of refusal.