我国《保险法》关于未成年人死亡保险的规定意在防止道德危险,同时也在一定程度上考虑了未成年人的保险需求。但是,该规定可能使得部分未成年人丧失保险保障,并可能使未成年人之同意权无法行使,所规定之保险金额性质亦不清晰。从保险学的角度看,未成年人死亡保险的保障范围应当主要限于丧葬费用,应为补偿性质。如果以丧葬费用作为保障范围,则任何对未成年人享有保险利益之人均可以为之投保,且不需经未成年人同意。 China’s “Insurance Law” on juvenile death insurance provisions intended to prevent moral hazard, but also to some extent, taking into account the insurance needs of minors. However, this provision may result in the loss of some of the minor’s insurance coverage and may make it impossible for the juvenile’s consent to be exercised. The prescribed amount of insurance coverage is also not clear in nature. From the perspective of insurance, the coverage of juvenile death insurance should be limited mainly to funeral expenses and should be compensatory. In the case of funeral expenses, anyone who enjoys the insured benefit of a minor may insure it without the consent of a minor.