被保险人之保险保障利益的法律特征与相关规则构建

An Analysis on the Legal Characteristics of Insurance Benefits of the Insured and Relevant Rules

通过保险合同的订立履行,被保险人获得保险保障这一特殊的合同利益。保险保障这种利益具有特殊的内涵形态及实现过程,具有保障确定有效、保障范围充分、保障期限扩展三个方面的特殊规定性和相应规则要求。应根据保险交易特点与保险合同本质,通过设置特定权义规则与责任机制,来确保被保险人保险保障的有效获得与维持。

Through entering into and execution of the insurance contract, the insured obtains a special contractual interest that is called the insurance benefit. The insurance benefit has a special connotation and a realization procedure. It also has three requirements ： ensured validity of the benefit, adequate scope of protection, extension of the protection period. According to the characteristics of the insurance contract, and through special rules and mecha- nism, the law should ensure effective access to and maintenance of the insurance benefit by the insured.