The Research Of The Legal System On Flood Insurance

The purpose of legal system of flood insurance is to give full play to their skillsof legal system and market economy, so that complement each other, and make uphuge losses timely and effectively caused by flood disasters, but also play a role inrisk diversification.Which provide protection for flood insurance’s smoothdevelopment in our country from the aspect of law. Because of frequent floodingcaused huge losses are soved by government and social assistance alone is not enough,we need to use the way of community-based flood risk to share, spread the loss. Floodinsurance is the best choice to achieve this function, and the smooth implementationof flood insurance is also inseparable from the improvement of the legal system offlood insurance.The first problem to solve is the basic orientation. Firstly, what value does theflood insurance should realize， the inherent commercial property determines theireternal pursuit of economic interests, but the policy attributes of flood insurancedetermine its primary goal is to pursue social and public interests, safeguard socialstability; secondly, to carry out flood insurance, we should take the model ofgovernment-led and insurance company business, purely commercial insurancecompanies such as the UK model and U.S. model is not purely meet compulsoryChina’s national conditions, only the government-led way can mobilize theenthusiasm of the both; thirdly, the implementation of flood insurance is to spread thelosses caused by floods, improve living standards, floodplain, to reduce the financialburden of government, control risks effectively, so as to achieve its relief supportfunctions.Positioning must also have clear terms of the contract to protect a detailed floodinsurance smoothly. First of all, the choice of insurer should be combined withadvantages of government-run insurance agencies and joint underwriting in order toachieve operation of the insurance market and social assistance functions; next, inaddition to insurance coverage of personal and property, the insured exclude hazards,participate in the proceedings,reduce losses should also be underwriting in the cost tlist; third, determining the premium paid and the rates should follow the principle ofpersonal equality and property to quantify; fourth, except from the insurance termsand special terms, provisions of both positive and negative side analyze the scope of insurance liability.Although in recent years we have done some exploration and research for riskdiversification in our contry, but remained weak. Therefore, we believe on the basis tocarry out flood insurance, will be able to play a greater judicial efficiency in thefuture, and achieve an integration of legal effect and social effect.