“保险消费者”概念质疑——以“保险相对人”概念取代“保险消费者”的合理性

The Concept Questions and Judicial Problems of “Insurance consumer”——And the Rationality to Replace the concept of “Insurance consumer” with “Insurer counterparty”

"保险消费者",是一个我国立法从未提及,却已被官方确认并被社会广泛运用的概念,学界鲜见对其提出反对或质疑。我国《消费者权益保护法》规定的消费者及消费范围仅限于自然人及生活消费,不包括法人、其他组织及生产消费,"保险消费者"作为"消费者"的种概念,定位亦然。我国"保险消费者"概念的确定和使用,缺乏对其内涵与外延的缜密逻辑论证和准确界定,存牵强附会之嫌,有削足适履之感,极易带来理论困惑与司法难题。若用"保险相对人"概念取代"保险消费者"概念,可以定纷止争,避免棘手难题,不失为一项上策。

In our country,＂ the insurance consumer＂ is never mentioned by legislation, but has been officially confirmed and widely used by the society,few people in the academic circles have put forward objections or questions to the use of the concept ＂insurance consumer＂. In accordance with the Protection of Consumers＇ Rights and Interests Law in our country, consumer and consumption scope is limited to natural persons and life consumption , but not include legal persons, other organizations and production consumption. So ＂the insurance consumers＂ as the next species concept of ＂consumer＂ is no different. Identify and use of ＂Insurance Consumers＂ concept in our country is lack of serious analysis in theory and careful argumentation in logical. There is little meticulous logic reasoning and accurate definition in its connotation and denotation. There is far - tetched suspicion and it just like cut feet to improvise the size shoes. It easily brings confusion in theory and causes judicial problems. If replace the concept of ＂Insurance consumer＂ with ＂ Insurance counterpart＂, we can settle these disputes and avoid the difficult problems.