论我国保险法上受益人之变更

The Change of Beneficiary in Our Country's Insurance Law

保险合同以关系人利益为中心进行权利配置 ,这是保险合同与一般民事合同别异其趣之处。保险法上的相应规则亦应以是否有利于被保险人利益为标准来予以设计。只有被保险人才能根据自身利益处分保险合同利益。变更受益人由被保险人的单方行为来实现的。意思自治原则是保险法的核心理念 ,变更受益人无须强行法上的过多限制 ,变更受益人的行为不能当然解释为要式行为 ,在变更通知上应采书面通知的对抗主义模式 ,而不应采取成立主义和生效主义模式。我国现行保险法关于变更受益人的相关规则应据此作出修正。

We should dispose the interest of insurance contract according to the benefit of the related beneficial owners. This is the very difference between insurance contract and civil contract. The benefit of the beneficiary should be considered when we make some plans about the rules of insurance. It is the insured who has the right to deal with the benefit of the insurance contract according to his or her own interest. And it is only the insurant who has the right to alter the beneficiary. The principle of party autonomy is the central part of the insurance law. We shouldn’t impose the restriction of the law. The action of the change of the beneficiary is not as the formal act. On the modification notice, the written one should be taken and neglect the mode of antagonism and effectiveness. Therefore, the rules about the change of the beneficiary in the insurance law should be modified.