Insurance Broker System Of Legal Research

In June 2000, China's insurance reform history came into a new stage resulting from Jiang-tai Insurance Broker Company Limited starting business operations in Beijing, that is an insurance broker company, for the first time, became involved in the field of insurance and took part in insurance commercial activities as a legitimate insurance body. In the following 5 years, insurance broker has exerted a subtle influence on the social life and has been acknowledged by the public. However, under the market economic conditions, the market economy is the economy of legal system, and how to establish and improve legal system of insurance broker has aroused much attention in the circle of both laws and insurance. In recent years, although some achievements have been made in legislation of insurance broker, relevant theoretic study and legal practice are far from meeting the needs of insurance market development. Hence, the theme of this dissertation is: China's insurance broker business has tremendous potential; however, relevant laws and regulations need to be improved. In the dissertation, the writer starts from analyzing legal systems of insurance broker in advanced countries and regions, using their advanced and mature experiences for reference, then makes synthetic analyses and studies on China's legal system of insurance broker based on China's real situation and sets forth the writer's understanding and opinions, furthermore, tries to put forward some material suggestions to improve China's legal system of insurance broker so as to communicate and discuss with the circles of both insurance and laws and to provide some reference for the improvement of China's legal systems of insurance broker, and among all the above, the latter is the writer's profound purpose to write this dissertation. The dissertation is divided into six parts. Part I is mainly to describe the origin and development history of insurance broker, following two separate lines of China and of other countries. In this part, we may understand the overall development history of insurance broker system overseas. The history of insurance broker is as long as hundreds of years in western countries and the concepts and practice of insurance broker are widely accepted among the public; besides, we also realize the inevitability of the emergence of insurance broker as a result of the development of marine insurance and the market requirements. Part II is mainly to analyze and appraise the concept, categories and roles of insurance broker. In the west, the insurance broker is well known; however, it's a new business in China, which is strange to the public. Since the concept, categories and roles of insurance broker are not clear to the public, it's necessary to make explanation and illumination. Part III focuses on clarifying major legal relationships and characteristics of the insurance broker, which mainly discuss various legal relationships between the insurance broker as an intermediary and the policy-holders, insureds, insurers and the insurance supervisory organs, and discuss legal characteristics comparing with another insurance intermediary--the insurance agent. In Part IV, the writer mentions that the insurance broker is to provide the clients with intermediary services by means of several specific contracts, therefore discuss relevant rights and obligations stipulated by these specific contracts. Meanwhile, this part compares domestic and foreign theories and practices regarding rights and obligations of insurance broker considering this important issue from a wider viewpoint. Part V introduces general review of foreign supervisory systems of the insurance broker and China's general review and current situation. Insurance broker supervision is the best factor to reflect the functions and efficiency of one country's laws and regulations on insurance broker. Different countries may make different supervisory policies on insurance broker in different development stages of insurance broker, thus, to make suitable supervisory systems of insu...