被保险人法律地位研究--从被保险人权利与义务角度-法学专业论文.docxVIP

II II 关键词：被保险人；被保险人权利；被保险人义务； 被保险人法律地位 III III Abstract Insurance system originated in the west ,is the tool of balance society. In the west ,due to the long history of development of the insurance society, the insurance system for western countries to maintain society stability and protection of a solid social life has played a major role.but in our insurance system started late,did not establish a system to adapt to the level of Chinas national economic development. Short span of hundreds of provisions of the Insurance Law is difficult to meet the complex situation in practice; legislation lags behind the theoretical development of the slow, exposed more and more problems, has seriously hampered the development of the insurance industry, insurance in the financial sector is far behind the banking and securities industry. In the development process of the insurance industry are exposed to, most notably the protection of the legal status of the insured, a serious shortage. Insured its property or personal rights and interests of the insured, and enjoy the claim for payment of insurance money when the accident occurred. The insured persons special status, its special protection of the law. In China, however, the insured person in our legal positioned as the relationship of the insurance contract, different from the parties with a wide range of rights; special provisions in the law deprived of the opportunity to participate in contract negotiations. The insured person in a passive acceptance of the position of the rights and obligations in the contract, the special status of the insurer in Chinas insurance is not conducive to their rights and obligations of protection. Gradually increased with the insurance in-depth aspects of daily life, insurance disputes, the legal status of the insured person has been more and more attention. It is because of the lack of contractual capacity of the insurer, Chinas legislative tilt protection; the insured in order to achieve betwe