On The Insurance Benefits

Insurance is known as the history of mankind to make up for all kinds of losses created by the most perfect system, which is closely related with people's lives, but also to a certain stage of economic development of the product. People in life or in the production process may be of potential risks, thus there may be a result of risks and the various losses, the insurance system from its birth, development, and finally to gradually mature, both in economic terms or the spirit gave It provides the anti-risk guarantee. Various social insurance system is perfect, "Insurance Law" whether the provisions detailed in the insurance accident, the actual injured person can really get compensation from insurance. These questions have to be on the "Insurance Law" provisions of ongoing exploration continues to practice, made corrections, comments or to build a sound justice, thereby leading to the insurance theory is to guide the insurance practice, the insurance practice is the theory of feedback platform for the insurance. In this paper, cases of insurance practice, problems encountered and then made to the existing "Insurance Law" should be revised point of view.This paper is divided into four parts:The first part introduces the principles of the insurance interests of the emergence and historical origins of the concept of insurance benefits, constitute elements are set forth that the concept of insurance benefits the insured or the insurer and insurance interests between the subject matter. With insurance, there is a clear distinction between the subject and contacts, but they are indispensable core elements. Insurance interests in insurance, which is the core of. The author also proposed the interests of the insurance function, its function is mainly reflected as follows: help distinguish between two kinds of gambling and insurance behavior, to reduce the coefficient may lead to moral hazard; more conducive to the interests of insurance restrictions on the amount of these three areas. After the general theory of insurance benefits, technical insurance benefits insurance benefits doctrine and economic theory of the development of assessment, a clear theory of the evolution of insurance benefits and economic development suited to the interests of the general theory of insurance, insurance, interest and ownership is just that-one correspondence, reciprocal causation; technical doctrine of insurable interest has been significant progress, but only that the law clearly stipulates the right to protect itself has certain limitations; economic theory of insurance benefits that insurers need to protect the real people who suffered losses in excess of the law range, the real losses of people and under the name of the main legal provisions may be inconsistent, the advantages of economic theory is that it can achieve the purpose of insurance benefits - for real people who have suffered loss risk.The second part describes the classification and significance of insurance benefits, only the classification of insurance benefits in order to benefit insurance, refinement and expansion. In property insurance, the mortgagor for mortgage insurance, the mortgagee and the mortgage insurers, he shall have received from the insured person at the right insurance, but according to "Guarantee Law" and "Insurance Law" stipulates that priority in obtaining insurance Gold sequence is entirely different. I mentioned this case should be included in the mortgage insured person, for compensation for loss of property within the mortgage has priority, for the same object on the mortgage that is secured outside the scope of the property outside the scope of part of the insurance money or property by the mortgagor of all people to obtain, so that solved the two law insurance priority problem of inconsistency; guarantee insurance and surety bonds are essentially the difference between the two main different responsibilities and presented a defense in different ways, the most important point is to ensure that the insurance should have insurance benefits, the insurance person to meet the conditions of the insured person as a general business practices, without regard to personal behavior and relationships with the insurance subject. The Surety Bond is a kind of credibility of the commitment to act as guarantor and being a guarantor relationship between the letter and considered the most important factor; insurance is undertaken within the terms of insurance losses caused by the accident insurance must meet the conditions agreed to pay for insurance to ensure that only general guarantee or assume joint and several responsibility to ensure that. In personal insurance, life insurance benefits reflect more of a mental shock that the mental loss, can not be measured in monetary terms, the insured person has a heart into this insurance consolation occurred several times the insurance premiums paid for accident compensation. But the life insurance in health insurance and injury insurance and property are similar, in practice, insurance companies included in this two kinds of insurance within the scope of property insurance companies; In my opinion, agree to modifications approved by doctrine or in writing, notarized as a form of insurance policies part to determine, thus reducing the process is conducive to the healthy development of the insurance industry; "Insurance Law" in the provisions of the workers life insurance should include all persons employed to form the employment relationship, including claims.The third part describes the transfer of insurance benefits and the time identified. The existing "Insurance Law" provides for changes in insurance benefits only to fulfill the obligation to notify the insurer, to increase the degree of risk for the subject matter is subject to consent of the insurer, but does not provide for different types of subject matter for the increase in the degree of risk criteria, are obviously inadequate, Regulations should be the form of standards, to facilitate the people insured and the insured mutual understanding, reduce disputes. The existing "Insurance Law" on property insurance life insurance contract time, decides that the request is only when you can have insurance benefits, property insurance only when the accident occurred can be having an insurable interest, the provisions set forth in General Insurance the insured person or insured on the insurance should have an insurable interest in the subject provision does not fully consistent with principles. It should be a coordinated system to require an insurance identification consistent with the interests of time.The fourth part, describes the effectiveness of the insurance interests of the impact of the contract. In setting property insurance, although insurance benefits without the need to consider the relationship, I believe that insurance benefits should be treated as compensation for the loss of a prerequisite will be the subject of the insured and the insurance interests between the interests of the proximity of the insurance premiums collected as a measure of the proportion of the standard, otherwise it is impossible to determine who have no insurable interest in the nature of insurance contracts, that can not determine the type of insurance contract is valid or invalid. In my opinion, no insurable interest in the consequences of loss of property insurance contracts should be based on the two sides shared their respective degree of fault. Specifically, that is, without insurance, accident, the insured to pay premiums borne by the party which took place insurance, accident, accident loss from which party. Should be based on the interests of both parties to know the ability of insurance and judging ability and degree of fault of the decision to place the proportion of shared costs or losses. In the insurance contract, the insured should provide the subject with the insurance interests between the evidence not available at that time, if the insured to know the future, and insurance may be the subject does not or does not exist between the insurance benefits, which shall assume the pay premiums can not be returned to adverse consequences. Signing the contract, the insurer as a professional insurance agency should require the insured to provide the insured with the insurance insurable interest exists between the subject of evidence, in the face of overwhelming evidence, if the insured person because of miscalculation or that the insured or the insured person subject matter of insurance and insurance during the period between the insurance benefits will exist, which agreed to sign an insurance contract, then it should take no insurance benefits because of an accident may occur causing loss of insurance, the cost of adverse consequences. In short, should be based on the insurance contract signed by both parties shared information recognized as the standard, and the existence of the fault, identify the two sides should share the losses or expenses ratio.