关于人身保险利益若干问题研究

Research on problems of lite insurance interests

由于人身保险的保险利益较为复杂,在实践中产生了一些混乱,有人主张在人身保险领域废除保险利益原则。人身保险利益的含义和性质决定了仅投保人和被保险人之间具有人身利害关系或身份关系,并不当然成为保险利益,它只有反映在经济上才能成为保险利益,因此人身保险的保险利益原则不可废除,我国的保险利益原则在主体和范围上仍有较大的完善余地。

Because of the complex of the lite insurance interests, there have been much confusion in practice, somebody advocates that the principle of lite insurance interests should be abolished. By analysing its implication and character, we can reach the result that it will not be the insurance interests when there is only personal relations between the policy -holders and the insurants, unless it has the economic interests. So the principle of insurance interests cannot be abolished, it still has space for potential improvement in our country.