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2009年2月,我国《保险法》再次进行了修订,新修订的《保险法》对旧《保险法》中存在的诸多问题进行了修改和完善,但仍然存有遗憾。例如,并未规定保险受益权与债权人之债权以及保险受益权与保单质押权人利益冲突时的解决。本文从保险受益权的含义、性质等基本概念出发,深入比较保险受益权与债权、质押权等关联权利,寻求平衡各方利益的途径。最后在分析的基础上得出结论,为修改完善我国保险制度提出自己的建议。
In February 2009, China’s “Insurance Law” was revised again. The newly revised “Insurance Law” amends and perfects many problems existing in the old “Insurance Law”, but there are still some regrets. For example, there is no provision for the settlement of the claims of the insurance and the claims of the creditors and the conflicts of interest between the insurance benefits and the policy pledgee. Based on the basic conceptions such as the meaning and nature of the insurance benefit right, this article deeply compares the right of insurance benefit with the related rights such as creditor’s rights and pledge, and seeks to balance the interests of all parties. Finally, based on the analysis, we draw conclusions and put forward our own proposals for revising and improving China’s insurance system.