论保险金信托中信托机构的保险法定位

On the Insurance Law Position of Trust Institutions in Insurance Benefit Trusts

明确信托机构的保险法定位是分析保险金信托法律构造的基础与前提。保险驱动信托和信托驱动保险两种模式的区别在于信托驱动保险模式中信托机构同时担任了投保人,共性在于均将信托机构列为保险合同的受益人,但信托机构作为投保人及保险受益人的适格性均存疑。为此,需通过扩张保险利益原则证明信托机构担任投保人的适格性;通过分析保险受益权的继受取得阐释信托机构担任保险受益人的适格性。进而明晰《保险法》规范下信托机构的权利义务,同时为加强对信托机构的监督与制衡,建议设立信托监察人制度,从而建构起保险金信托之规范法律模式,推动保险金信托业务的有序发展。

Clarifying the insurance law position of the trust institution is the foundation and premise of analyzing the legal structure of the insurance benefit trust.The difference between insurance-driven trust and trust-driven insurance is that in the trust-driven insurance model,the trust organization also serves as the policyholder,and the commonality is that the trust organization is listed as the beneficiary of the insurance contract in both models.However,the eligibility of trust institutions as both policyholders and insurance beneficiaries is doubtful.It should be demonstrated that the trust institution as the policyholder is qualified by expanding the principle of insurable interest,and the qualification of the trust institution as the insurance beneficiary should be explained by the analysis of the acquisition of the insurance beneficiary right of succession.The rights and obligations of the trust institution under the regulation of Insurance Law should be clarified,and at the same time,in order to strengthen the supervision and checks and balances on the trust institution,it is suggested to set up a system of trust inspector,so as to construct the legal model of the trust of the insurance benefits and promote the orderly development of insurance benefit trusts.