论被保险人及其同意权

The Insured and Right of Approval

保险合同与一般民事合同区别在于,保险合同是以被保险人利益为重心来配置合同利益的。被保险人在合同权利关系中,处于中心地位。该种机制是通过被保险人行使同意权来实现的。设置被保险人同意权的目的在于实现人身保险合同中保险利益决定的客观化以及对被保险人人格权的尊重。被保险人同意权的行使系单方行为,包括事前的同意与事后的同意,在保险法上须以要式方式为之。我国现行保险法的相关规定存在疏漏,应进行相应修正。

Insurance contract is different from civil contract. Insurance contract is the one that the insured's benefit is the baycenter of contract. The enefit is collocated from the insured's point of view sc that he becomes center in right and obligation of insurance contract. The mechanism of it may come true by the insured's exerting right. The Purpose of making the agreement right of the insured is to make objectivity of decision of the insurance interest and respect of personal right of the insured. The enforcement of the agreement right of the insured is a kind of unilateral act that includes agreement in advance and after the fact. It must be carried out in formal juristic act in insurance law. There are some careless omissions in present insurance law of our country , which should be revised in the future.