当保险事故发生时,被保险人的施救行为能有效地防止损失扩大、保护保险人权益和被保险人的财产,我国《保险法》规定被保险人对保险财产应尽施救义务,但没有规定被保险人违反施救义务是否要承担责任,应当承担何种责任。本文界定了被保险人违反施救义务责任的概念,分析了被保险人违反施救义务责任的分类、性质,探讨了被保险人承担违反施救义务责任的法理、法律依据,认为被保险人承担违反施救义务责任形式主要有不能请求保险人赔偿、接受保险人终止合同、接受保险人解除合同并不赔偿保险金、接受减少保险金,并应与其主观过错相适应。 When the insurance accident occurs, the insured person’s rescue action can effectively prevent the loss from expanding, protect the rights and interests of the insured and the insured’s property. The Insurer of our country stipulates that the insured should perform the rescue obligation on the insurance property, but not It stipulates that the insured person should bear the responsibility for violating the obligation of rescue and should assume the responsibility. This article defines the concept that the insured violates the duty of rescue and analyzes the classification and nature of the insured’s duty of violating the obligation of rescue. It also discusses the legal and legal basis for the insured to bear the responsibility of violating the obligation of rescue and considers that the insured Bear the responsibility of violating the obligation to rescue the main form of compensation can not ask the insurer to accept the insurer to terminate the contract, accept the insurer to terminate the contract does not compensate for the insurance money, to accept the reduction of insurance money, and should be consistent with its subjective fault.