我国保险法在人身保险中确立了保险受益人制度,而对于财产保险中能否适用及如何适用未作规定。随着现代保险业的发展,实务中因财产保险受益人的法律缺位造成了不少投保及理赔困境。笔者从受益权的性质和保险法的基本理论出发,对构建财产保险受益人制度的法理基础和操作思路试做探讨,希有益于我国保险立法的完善。 China’s insurance law has established the insurance beneficiary system in the personal insurance, but there is no stipulation about whether the property insurance can be applied and how to apply. With the development of the modern insurance industry, many cases of insuring and settling claims have been caused by the absence of law due to the beneficiaries of property insurance in practice. Based on the nature of beneficiary right and the basic theory of insurance law, the author tries to discuss the legal principle and operational thinking of constructing the beneficiary system of property insurance, and hopes to improve the insurance legislation in our country.