论保险受益人与受益权

受益人是保险制度中的重要概念,且仅适用于人身保险中。受益人虽非保险合同当事人,但在保险事故发生时享有保险金请求权,故其本质是＂利益第三人合同＂制度中的＂第三人＂。受益人由投保人指定、变更且被保险人享有＂同意权＂的制度设计,既可有效防控道德风险,又可减少对受益人主体的不当限制。受益人所享有的保险金请求权被称为受益权,对于行使该权利（如转让、抛弃、丧失、实现）所涉及的法律的适用,要注意探求当事人真意并考量保险制度保障机能的法理,以期获得妥当的结论。

Study on Beneficiary and Beneficial Interest

Beneficiary is an important concept in the insurance system,and is only applied to the personal insurance.Although the beneficiary is not the party to the contract,he/she is the third party in the contract for the third party＇s benefit in essence.The beneficiary is designated and changed by the insured,and the insurer has the right of consent.This system design can not only effectively prevent and control the moral hazard,but also reduce the undue restriction on the main beneficiaries.The insurance claim of the beneficiary is called the beneficial interest.For the application of the law involved in the exercise of this right—transfer,abandon ment,loss,implementation etc,we should explore the true meaning of the parties and consider the jurisprudence of the insurance function in order to obtain the appropriate conclusions.