The Study Of Risk Disposal To The Insurance Company

Since the recovery of the insurance industry, it has developed continually and rapidly, meanwhile, the internal risks accumulate, which caused a great pressure on the management process. Serious damage occurred as Yong An taken over,the disposal of Xinhua life's equity,the specialization operationof the security fund and the comprehensive improvement of the Chinese joint,which arouse the high attention of the relevant supervison and public.At the same time, the study is badly lagged behind; the fundamental research is nearly blank in China. In-depth study of the disposal of the insurance company is becoming an important subject to the legislative, the supervision and regulation, the investor and the policyholder, which will also solve the healthy development of the insurance market urgently.The article includes four parts, divided as theoretical analysis,main research, special research, conclusion and policy suggestion.Tht first part is the theoretical analysis, containing chapter 1,2 and 3. After the all-around introduction of the chapter 1, the chapter 2 discusses the Problem Insurer concept, the cause of formation, and the characteristic of "risk disposal". Then, from the standpoint of Theory of justice, Financial Fragility and Guarantee theories, the article analyze the theoretical basis from the angle of view from the Philosophy, Economics and Law and Economics, which is the foundation of this article. Chapter 3 is the comparative study among the America, England and Japan. By induction and comparison from the institutional background, the jurisprudence, the framework and method of disposal, and the policy holder guaranteeing agencies, the section will be the reference for the following parts.The Second part is the main part, containing chapter 4 to 7. The chapter 4 combs the legislation and practice of risk disposal, on the basis of which, the article propose the Outline shorten as "one aim, four principle, four relationship and two decks". The decks divided into three lateral special parts and four longitudinal ordered indemnificatory parts. The three are disposal mode, disposal measure and disposal tool. The four are supervise prevention, supervise repair, fund guarantee and government guarantee. Starting form the disposal measure as the emphasis and breakthrough point, the chapter 5 to 7 separately precedes the research using the method of demonstration analysis, case analysis and simulation calculations.Chapter 5 is the empirical part. It makes a presentation of concentrate on the disposal measure, in which the measures are divided into two categories, the maintaining measure including Rectify and reform, Take Over, Trusteeship, Restructuring, Reorientation and Reconciliation, and the market exit measure, including Dismiss, Repeal and Bankrupt. As the section of case analysis, Chapter 6 analysis the peeling of deficit for rate balance from the China Life Insurance Company, the Yong An taken over, the disposal of equity of the Xinhua Life, and the comprehensive improvement of the Chinese joint, by which the article analysis the cause of formation of risk, the process of disposal, the cost of disposal and the policy inspiration. As the focal point and the innovation of this article and the foothold and the main part, Chapter 7 carding the literatures on the cost of disposal, propose the "the evaluating model of benefit from disposal measures". For further details, the section does calculations through a virtual a property insurance company, by which, the article summarizes the use method of the calculations in the disposal strategic decision, and then argue that, it is important to the improvement of efficiency that earlier disposal, the withdraw of the Problem Insurer timely, the independence of the disposal agency. The advantages and disadvantages of the capital injection and reform are also concerned in this part.The third part is part of the special research, videlicet the chapter 8. As the fund safeguard of risk disposal, the research of the security fund is the necessary supplement of the main part and key of the article. According the present laws and regulations, the chapter concludes the three situations of the security fund participating in the risk disposal, containing rising of the fund, policy relief and others. As an integrant part of Insurance Guaranty Fund System, the chapter analyzes the responsibilities of the security fund corporation, which are the fund raising and management, risk monitoring, and participating risk disposal. Concerning the emphasis, the rear section of the chapter does research separately. Next we analyze the history of fund rising and main characteristic, and then, the thesis raise policy proposal, that are the fund rising "beforehand preferential, afterwards complementary" and "risk rate, little jump". The step also researches the calculating model of risk rate. The third step analyzes the process and legal relationship about policy relief. Then, the step proposes to add the situations of the loss-sharing in the policy transfer loss and the relief in the property policy transfer, in order to develop relief rate adjustment to protect the weak policy-holder and inhibit moral hazard. About the security fund corporation participating into the disposal, the fourth step analyzes the necessarily, the location and the matters need attention.The fourth part is the chapter 9, the part of conclusion and suggestion. As the echo of the frame of the main research, the part put forward four points. The first is to set up scientific and suitable law system of the risk disposal, propose suggestion from disposal frame, model, participant and their responsibility to the relief process and financing of safeguards. The second is to complete the security fund corporation as a market terrace of disposal, and complete the security fund system from the enhancement of the market position, the fund market position, the responsibility of the fund corporation in the disposal, the system of policy safeguard'information, the govern to the Problem Insurer later. The third is to establish and improve the trigger mechanisms and the decision tree of risk disposal, from the supervise prevention, the initiate standard of disposal and decision making system. The fourth is to expand the disposal terrace, whose necessity and feasibility demonstrated from the characteristic of financial risk and the current situation of the disposal agencies. The last step proposes the recommendation for cooperation in the risk monitoring and resource sharing, and probes the foreground about establishing the uniform institution in charge of the financial risk disposal.Owing to the late start of the research on the subject, the article has brought forth much new ideas, mainly contains,i) Present the new concept and give a definition to it. By the definition of the object of study, the article impels the research depth. The content including the connotation and characteristic of the "risk disposal", the meaning and judgment standards of the Problem Insurer, the two classificatory of the disposal measure, the difference of the word "salvation" and "relieve", and the concept of "the safeguard cost" instead of the word "disposal cost ", towards which, the article develops research approach and model.ii) the research of the disposal measures. The article makes two new situations to the insurance risk disposal, which are administrative restructuring and trusteeship. Further more, the paper classify the restructuring measures and the condition for the application.iii) Innovate the model of the security fund rising and policy relief. The paper advices the "beforehand preferential, afterwards complementary" and "risk rate, little jump", and studies the rate computational modeling, add the situations of the loss-sharing in the policy transfer loss and the relief in the property policy transfer.iv) the measuring and calculating method on efficiency of the risk disposal. By a virtual property insurer and different situation, the article calculates the disposal cost, and in order to reveal the influence from the factors and circumstances, the paper develop the ActiveX technology in the Excel, helping increase the practicability. Then the article try to propose the model "capital bottleneck restraint+ disposal benefit" in the disposal decision. The paper would analysis the model on a two dimensions picture.The paper mainly precedes with Analytic comparison, empirical analysis and Simulation calculations. First, the paper concludes the different histories, the traits and the position of the disposal agencies, which are in charge of the bank, the stockjobber, and the insurer. Second, with the fact that the severe shortage of the specimen, by creating a Problem Insurer, setting up the assumed condition, the paper researches the disposal cost and efficiency, thereby, the paper put the disposal measure decision research into the stage of quantitative study. Third, the paper research is combined with the item of different disposal of insurers at home and abroad, especially, the four cases from our country will make great contribute to further research work.