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近年来,游源芬同志发表了一系列探讨保险合同主体的文章,文章重复着同一错误,即将投保人误作为被保险人的代理人(游源芬同志称之为替保人),《学报》1996年第一期所刊《关于保险合同当事人与关系人之异议——与(保险学原理)一书商榷》(下称《游文》)以此错误理解为出发点,对《保险学原理》中有关观点提出了批评。笔者认为,将投保人理解为被保险人的代理人是错误的,且与我国《保险法》规定相悖。
In recent years, Comrade You Yufen published a series of articles on the subject of insurance contracts. The article repeated the same mistakes. The insured person was about to act as the agent of the insured (as You Yufen referred to as the insurer) One issue of “Objections to the parties to the contract and the relationship between people - Discussion with (Principles of Insurance)” (hereinafter referred to as “Travels”) as a starting point for misunderstanding, the “Insurance Principles” in the views Put forward criticism. In my opinion, it is wrong to understand the applicant as the agent of the insured, and contrary to the provisions of the “Insurance Law” in our country.