Study On Legal Issues Of Property Insurance Beneficiaries

In our country active “insurance law” in,beneficiary beneficiary is the concept below person insurance item.However,due to the rapid development of economy and the constant renewal of transaction forms,the concept of “beneficiary” also appears in some property insurance practices.And in our country “insurance law” did not make the property insurance beneficiary is defined,not for property insurance contract about the beneficiary under the definition,nature,legal status,rights and obligations and legal liability and other related regulations,so for property insurance specified in the insurance practice has seen the beneficiary,not able to resolve relevant disputes clear rules by the referee to judge similar disputes disoriented,court for beneficiary disputes involving property insurance have different point of view,often appear different sentence connection phenomenon,lead to the effectiveness of the property insurance the contract beneficiary problem increasingly prominent.For property insurance in our country’s current “insurance law” the beneficiary the condition of the absence of regulations,combined with the theory of property insurance law of the legal status of insurance beneficiary is quite controversial,lead to the judge in the judicial practice for dispute cases involving property insurance beneficiary’s legal status is difficult to quote clear legal basis for the referee,a different judge different point of view on the issue,the judgement of similar cases are not unified.Therefore,in order to ensure the sound development of China’s insurance industry,provide a clear basis for adjudication and a good judicial environment for the settlement of such disputes,maintain China’s judicial credibility,establish the nature,legal status and legal responsibility of the beneficiaries of property insurance and other relevant laws and regulations are urgent problems to be solved.Starting with the concept of the insurance beneficiary,this paper explains the reasons for the emergence of the concept of the property insurance beneficiary and the practical problems,and makes a comparative analysis of the relevant legal provisions on the property insurance beneficiary in foreign countries and Taiwan in China,and concludes the confusion of the absence of relevant legislation in China and the necessity to solve the problem urgently.At the same time,it focuses on the debate between the two views in China,and demonstrates the author’s views on supporting the system of the beneficiary of property insurance.Finally,the author puts forward legislative suggestions on the establishment of the beneficiary system of property insurance,including the recognition of the right of the beneficiary,the ownership of the enactment,the right order of the insurance claim,the qualification of the beneficiary of property insurance and the restriction of the exercise of the right.