“学校投保,学生付费”团险承保模式中,学校作为形式上合同主体的介入打破了《保险法》基于普通个人保险设计的两造利益格局,导致合同各方主体“权责义”配置错位,投保人在保险合同中有权利无利益、有义务无责任,被保险人有利益无权利、事实上承担己方全部责任。在我国团体险法律制度缺位的情境下,只有将三方关系还原到保险合同背后更全面、更完整的隐名代理法律关系视角下,才能厘清三方在学平团体险中的地位及权利与义务关系,实现权责义的归位,避免审判实践中将投保人责任强行摊派给将被保险人或者保险人的错误倾向,这种解决问题的方法对于相关审判实践应当具有一定的借鉴意义。 “School insured, student pay ” group insurance underwriting mode, the school as the main part of the formal contract broke the “insurance law” based on ordinary personal insurance design of two profit patterns, leading to the parties to the contract "Dislocation configuration, the insured has no rights in the insurance contract, the obligation is not responsible, the insured has no right to interest, in fact, take full responsibility for their own. Under the circumstance that the legal system of group insurance is absent, the tripartite relationship can be clarified only under the perspective of more comprehensive and complete legal relationship of anonymous agency under the contract of insurance, so as to clarify the status, rights and obligations of the three parties in the study of group insurance , To realize the homing of rights and obligations and to avoid the forced apportionment of the insurant’s liability to the insured or the insurer’s erroneous tendencies in trial practice. This method of solving the problems should have some referential meanings for the relevant trial practice.