| In our country’s "Insurance Law",when the policyholder is different from the insured,the policyholder,as a subject of an insurance contract,has the right to sign an insurance contract,arbitrarily cancel the insurance contract,negotiate the reinstatement of insurance,etc.At the same time,it has the obligation to disclose and pay premiums,etc.However,the insured,as the related party of the insurance contract,has the main rights such as the right to claim the insurance money and the right to designate the beneficiary.As far as the rights and obligations of the two are concerned,it seems that the rights of the main subject of the insurance contract are "preempted" by the contractual parties.But according to the fundamental purpose of the insurance system to protect the rights and interests of the insured,if the policyholder is the main subject of the insurance contract may affect the protection of the rights and interests of the insured.In addition,due to the policyholder person’s status as a contracting party,also causes it to undertake more unnecessary obligations.Regarding the status quo of such unbalanced rights and obligations,scholars in the past mostly cut in from the perspective of the insured,considering how to improve the status of the insured in the insurance contract or use legislative designs to include the insured as a party of the insurance contract.But this article thinks from the perspective of the policyholder,and first analyzes the theoretical origin and practical basis of the insured as a party.Then,reflect on the policyholder as a party from three aspects: inconsistent with insurance interests,inconsistent with the insured’s centrality,and misunderstandings caused by applying the third-party benefit contract.Then,based on the insurance laws of the representative countries in the civil law system and the standard law system,it reviews the relevant provisions of our country from the perspective of comparative law and proposes lessons for our country’s insurance law.Finally,try to use the agency system to reshape the legal status of the policyholder,so as to provide ideas for allocating the rights and obligations of the multi-parties of the insurance contract. |
