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保险利益足《保险法》的灵魂,保险利益原则是《保险法》的核心原则,其具有防止赌博行为和防范道德危险的功能。然而,我国《保险法》对保险利益给出了一个可以涵盖财产和人身保险利益的概括定义,没有区分财产和人身保险利益的不同主体,造成了保险利益归属上的不适当,影响了保险利益原则功能的有效发挥。而实际上,在财产保险和人身保险合同中,投保人和被保险人都可能具备保险利益,应对财产保险和人身保险利益的主体加以区分,在投保人和被保险人之间实现保险利益的合理归属。
Insurance Interests The soul of the “Insurance Law” and the principle of insurance benefits are the core principles of the Insurance Law, which have the function of preventing gambling and preventing moral hazard. However, the “Insurance Law” in our country gives a general definition of insurance benefits that can cover the interests of property and personal insurance. There is no distinction between different subjects of interest in property and personal insurance, resulting in improper ownership of insurance interests, affecting the principle of insurance interests Function effectively play. In fact, in the property insurance and life insurance contracts, the insured and the insured may have the insurance benefits, should be the main body of property insurance and personal insurance benefits to be distinguished between the insured and the insured to achieve the interests of insurance Reasonable ownership.