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我国人身保险可保利益具有独特性:一般没有量的规定;定性采取利益主义和同意主义兼顾的折衷主义;仅针对投保人;体现于订立保险合同之时。世界各国人身保险利益定性或采取利益主义、或采取同意主义,可保利益可同时针对投保人与利益人,也可在保单有效期内自动终结。鉴于我国人身保险可保利益有关法规规定与实际操作相互矛盾,无法防范道德风险,且可保利益限制投保人的范围不利于寿险业的发展;建议我国人身保险可保利益定性采取更为合理的同意主义。
The insurable interest of personal life insurance in our country is unique: there are generally no quantitative provisions; qualitatively adopting the eclecticism of giving consideration to both interests and concurrences; it is only for policyholders; it is reflected in the conclusion of the insurance contract. The interests of life insurance in all countries in the world are qualitatively or beneficially taken or adopted by consensus. The insurable interest can be applied to both the insured and the beneficiary at the same time, and can also be automatically terminated within the validity period of the policy. In view of the contradiction between the rules and regulations of personal insurable insurable interests in our country and the actual operation, we can not prevent the moral hazard, and the insurable interest limit the scope of the insurant is not conducive to the development of the life insurance industry. It is suggested that the personal benefits of our life insurance should be taken more reasonable Consent.