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保险合同是投保人与保险人约定保险权利义务关系的协议。因此,在保险法律和保险合同中规定投保人的权利和义务是符合合同基本理论的。投保人和被保险人为同一人的保险合同是基本形态。但投保人与被保险人不是同一人的保险合同也是普遍存在的,尤其是人身保险合同。由于这种保险合同的投保人和被保险人是不同的人,如何平衡投保人和被保险人的利益,设定被保险人的权利和义务,需要探索理论依据。从我国《保险法》目前设定的保险合同权利和义务的框架和结构来看,不宜把被保险人作为保险合同的当事人来对待,应在保险合同基本形态的基础上,对于投保人和被保险人不是同一人的保险合同,以“为第三人利益合同”来丰富和完善我国保险合同的理论和法律体系,界定被保险人的法律地位,并在此基础上对我国《保险法》作出修改和完善,为保险合同纠纷的解决提供理论指导。
Insurance contract is the agreement between the policy holder and the insurer on the obligation of insurance right. Therefore, it is stipulated in the insurance law and the insurance contract that the applicant’s rights and obligations conform to the basic theory of the contract. The insurance contract between the insured and the insured is the basic form. However, it is also common for insurance policies that the applicant and the insured are not the same person, especially the life insurance contract. Since the policy holder and the insured person are different people, how to balance the rights and interests of the insured and the insured and set the rights and obligations of the insured need to explore the theoretical basis. Judging from the current framework and structure of the rights and obligations of insurance contracts set forth in the Insurance Law of our country, it is not appropriate to treat the insured as the party involved in the insurance contract. Based on the basic form of the insurance contract, the insurer and the insured People are not the same person’s insurance contract, “” as the third party contract of benefits “to enrich and improve our insurance contract theory and legal system, define the insured’s legal status, and on this basis, China’s” Insurance Law " Make modifications and improvements, and provide theoretical guidance for the settlement of disputes over insurance contracts.