保险受托人的法律构造——以保险金信托为视角

Research on the Trust Trustee as Insurance Beneficiary:From the Perspective of Insurance Trust

保险金信托系将人身保险与信托制度进行嫁接的金融产品,因设立保险的主体不同导致保险金信托的产品在结构上存在不同的组合方式和法律问题。为便于信托公司主张保险金请求权以及领取保险金,将信托公司列为人身保险的受益人系当事人的唯一选择。在传统人身保险合同关系中,被保险人之外的第三人作为受益人,其受益权源自被保险人的赠与,受益人在保险事故发生后享有保险金请求权,受益人对于保险金请求权可以自由处分,也不承担任何保险合同的义务。而在保险金信托模式中,信托公司占据保险受益人的地位,由于受益人对保险金请求权可以自由处分,如果信托公司怠于请求保险公司给付保险金,则信托目的可能无法达到;保险金的真正受益人游离于保险合同之外,保险制度中道德风险防范机制失灵。造成这种局面的原因在于,商业人身保险不单是风险规避的工具,更是兼具投资理财与财产传承功能的金融产品。监管对混业经营的禁止以及保险金给付条件的限制,导致人身保险无法满足当事人对保险金按照意愿分配的需求,当事人在通过信托制度解决上述问题时导致法律关系失衡。在保险金信托模式中,信托公司作为保险受益人实质上是领取保险金的受托人,而非保险金请求权的受赠人。

Insurance money trust is a kind of financial product that combines life insurance with trust system.Due to different subjects of insurance establishment,there are different combinations and legal problems in the structure of insurance money trust products.In order to facilitate the trust company to claim insurance benefits and receive insurance benefits,it is the only choice of the parties to list the trust company as the beneficiary of life insurance.In the traditional life insurance contract relationship,a third person other than the insured is the beneficiary,whose beneficial right originates from the gift of the insured.The beneficiary has the rights to claim insurance benefits after the occurrence of the insurance accident.The beneficiary can freely dispose of the rights to claim insurance benefits,and does not assume any obligation under the insurance contract.In the insurance benefit trust model,the trust company occupies the position of the insurance beneficiary.As the beneficiary can freely dispose of the claim for insurance benefits,if the trust company is negligent in requesting the insurance company to pay the insurance benefits,the trust purpose may not be achieved.At the same time,the real beneficiary of the insurance benefits dissociates from the insurance contract,and the moral hazard prevention mechanism in the insurance system fails.The reason for this situation is that commercial life insurance is not only a tool to avoid risks,but also a financial product with the functions of investment and wealth management and property inheritance.The prohibition of mixed operation by the supervision and the restriction on the conditions for payment of insurance benefits lead to the fact that life insurance cannot meet the needs of the parties for the distribution of insurance benefits according to their wishes,and the parties’legal relationship is unbalanced when solving the above problems through the trust system.In the insurance benefit trust model,the trust company,as the insurance beneficiary,is essentially the trustee who receives the insurance benefit rather than the grantee of the insurance benefit claim.