根据我国保险法相关规定,受益人的概念只出现在人身保险中,受益人依法是由被保险人或者投保人与被保险人协商指定。此种制度规定看似合理,但却是以区分人身保险与财产保险为前提,在保险合同中并没有做到尊重投保人、被保险人的意思自治,不利于实现保险合同的目的,本身存在许多缺陷,在实践过程中也暴露出许多问题,需要在立法和实践过程中对受益人制度的适用范围不断加以完善。 According to the relevant provisions of China’s Insurance Law, the concept of beneficiary only appears in the personal insurance, the beneficiary is legally prescribed by the insured or the insured and the insured. This system of rules seems reasonable, but it is based on the distinction between life insurance and property insurance as a precondition in the insurance contract did not respect the insured, the insured’s autonomy of purpose, is not conducive to the realization of the purpose of the insurance contract itself exists Many shortcomings expose many problems in the process of practice and need to constantly improve the scope of application of the beneficiary system in the process of legislation and practice.