对渔船保险设立受益人问题的探讨

Discussion of setting beneficiary in the fishing vessel insurance

针对某省渔业互助保险协会在财产保险条款中设立"受益人"和实务中被保险人指定"受益人"的错误做法,从目前理论与实务界对财产保险设立"受益人"的不同意见入手,提出财产保险没有"受益人"的观点,本文定义了赔偿金请求权人的概念,探讨了受益人与赔偿金请求权人的区别,论述了财产保险设立"受益人"对实务的危害,为防范道德风险,建议修改财产保险中的"受益人"条款。

Aiming at the wrong practices of establishing the ＂beneficiary＂ in the terms of property insurance by some insurers and designating ＂beneficiary＂ by the insured in practice, starting from the disagreement on the beneficiary establishment in the property insurance from theory and practice, the opinion of ＂ no beneficiary existing in the property insurance was proposed. In this study, the concept of claimant of property insurance indemnity was defined and the distinctions between the beneficiary and claimant of property insurance indemnity were explored. In addition, the harm of the establishment of beneficiary to practice was discussed and for preventing the moral hazard, the terms about beneficiary in the property insurance were suggested to be modified.