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投保人、被保险人、受益人作为保险合同的投保方,对保险合同解除有重要影响和作用。我国目前保险法中仅规定投保人享有对投保合同的任意解除权。从投保人、被保险人以及受益人作为保险合同的主体角度出发,分析其在保险合同中的不同地位和影响,结合学者的不同观点和国外立法例进行投保方之保险合同解除权的重构探讨。投保人任意解除权有必要保留,同时应加强被保险人对合同的控制,区分“投保人要求解除合同”和“被保险人要求解除合同”两种情况。前者赋予被保险人知情权和替代权,后者参照国外立法可以赋予被保险人“撤销同意”权。人身保险合同中的受益人无解除合同的权利,且无须设置受益人维持合同效力的权利。
The insured, the insured, the beneficiary, as the insured party of the insurance contract, have an important influence on the dissolution of the insurance contract. China’s current insurance law only provides that the policyholders have the right to terminate the insurance contract. From the perspective of the insured, the insured and the beneficiary as the subjects of the insurance contract, this paper analyzes the different status and influence of the insured contract, and based on the different viewpoints of scholars and the foreign legislation, the insurer’s insurance contract rescission is reconstructed Discussion. At the same time, it is necessary to strengthen the control over the contract insured by the insured, and to distinguish between the situations in which the policyholder requests to rescind the contract and the insurer requests to rescind the contract. The former gives the insured the right to know and the right of substitution, the latter referring to the foreign legislation can give the insured “revocation of consent ” right. The beneficiaries in the life insurance contract have no right to terminate the contract and do not need to set the beneficiary’s right to maintain the validity of the contract.