“保险消费者”概念辨析

An Analysis of the Concept of “Insurance Consumer”

保险消费者"概念问题的实质,即将《消保法》作为保险相对人保护自身权益的法律依据之一。其理论基础为,外部性、自然垄断、信息不对称等《消保法》的立法缘由在保险领域中同样存在。法人和其他组织不宜纳入保险消费者的范畴。主要目的可以作为区分保险消费者与投资者的标准。保险消费者包括投保人、被保险人、受益人。

The essence of the ＂insurance consumer＂ is that ＂Consumer Protection Law＂ is one of the legal basis for insurer counterparty to protect their rights and interests. The theoretical basis is externalities, natural monopoly and information asymmetries, which are also the legislative reasons of the consumer protection law. Legal persons and other organizations should not be included in the scope of insurance consumers. The main objective can be used as a standard to distinguish between insurance consumers and investors. Insurance consumers include the policy-holder, the insured and the beneficiary.