The Insured In The Insurance Regulatory Law Perspective Protection - Discussion On The Improvement Of Insurance Supervision Law

The protection of insurant's rights and interests should be given special emphasis because the insurant is in the weak position in insurance market and the nature of insurant's rights and interests is of common goods. Most of former studies only focus on the protection of private insurant's rights and interests from the aspect of Insurance Contract Law, paying little attention to the protection under Insurance Administration and Supervision Law. This article aims at making up for the deficiency.The insurant's rights and interests are the interests that can be acquired from the realization of the insurant's rights in the process of insurance activities. The insurant should have the right of enjoying information, the right of free choice, the right of fair trading, the right of security, and the claim right of insurance, which can not be effectively protected under the Insurance Contract Law. The objectives of the Insurance Administration and Supervision Law will include the protection of insurant's rights and interests, the protection of order of fair andcompetitive market and the protection of the security and stabilization of insurance industry, among which the protection of insurant's rights interests is of the most importance. The present system of Insurance Administration and Supervision Law does not have a clear guiding ideology of legislation, the protection scope of the insurant's rights and interests is limited, and the protection of the insurant's rights and interestsis not emphasized as the goal of law, which result in insufficient and ineffective protection of insurant's rights and interests. The value of Insurance Administration and Supervision Law should be changed. The value of benefit should not be limited within the benefit of the insuranceindustry, but the benefit of the whole society. The value of equity should be changed from formal equity to substantial equity. The relationship between benefit and equity should be transferred from the fact that the priority is given to benefit on the basis of equity to the fact that both of them should be treated equally. Then the improvement of series of systems should be focus on the protection of insurant's rights and interests. The rule and regulation of information exposure should be improved to protect the insurant's rights of enjoying information, the rule and regulation of insurable interest should be improved to protect the insurant's right of security, the rule and regulation of insurance guarantee fund should also be improved for the protection of insurant's claim right of insurance.