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受益人是《保险法》上地位特殊的权利主体,是保险合同的关系人,在保险合同中居于非常重要的地位。近几年,我国人身保险尤其是人寿保险发展迅猛,预计未来几年,因争夺保险受益权而引发的纠纷将会大幅增加。但是,面对发展的保险业,法律调控机制无论是理论准备还是立法司法都突显不足。针对我国《保险法》在受益人制度方面暴露出来的立法缺陷,提出相关的立法建议。
The beneficiary is the main body of rights with special status in the Insurance Law. It is the person who is the insurance contract, and occupies a very important position in the insurance contract. In recent years, China’s life insurance, especially life insurance, has developed rapidly. It is estimated that the disputes arising from the competition for benefits of insurance will increase substantially in the coming years. However, in the face of the development of the insurance industry, both the legal regulation and control mechanisms and the legal and judicial provisions are under-highlighted. Aiming at the legislative defects exposed by the “Insurance Law” in the beneficiary system, this paper puts forward the relevant legislative proposals.