论人身保险合同中受益人的指定与变更

《保险法》规定人身保险合同的受益人由被保险人或投保人指定，投保人指定和变更受益人须征得被保险人同意，被保险人指定和变更受益人则不受投保人制约。出于防范道德风险的需要对投保人指定和变更受益人进行限制是合理而必要的。被保险人对受益人不受限制地指定和变更权不利于保护投保人的利益；应对《保险法》的有关规定进行适当调整；受益人的指定和变更权应只能由投保人在征得被保险人同意后行使；被保险人只应享有对合同的同意权及对这种同意的撤销权；被保险人撤销同意的，按投保人解除合同处理。

The current ＂Insurance Law of China＂ prescribes that the beneficiary to personal insurance contract is designated by the insured or the applicant and the applicant should get consent of the insured before designating and changing the beneficiary. However, the insured can designate and change the beneficiary without being restricted by the applicant. It is necessary to limit the applicant＇s right of beneficiary designation and change for. reason of moral risk. And it is not in the applicant＇ s interest for the insured＇s right of beneficiary designation and change unrestricted. The article suggests that certain provisions of the ＂Insurance Law＂ should be readjusted. The right to designate and change the beneficiary should only be executed by the applicant after obtaining consent of the insured. The insured has only the right of consent to the contract or the right to withdraw this consent. If the insured withdraws his consent, the contract will be treated as being withdrawn by the applicant.