Thesis On The Law Structure Of Catastrophe Insurance System

With the rapid progress of the social economic and the paces of urbanizationconstruction. Catastrophe will bring unprecedented loss. The human beings will beconfronted with more and more serious catastrophe threatens. The catastropheinsurance is a key system to spread and compensate loss of catastrophe risk. How todesign the system structure as to promote its maximum functions now become theimportant topics of the whole world. It is essential to make an overall systematicallyresearch on the basic theory and system structure from the legal standpoint. Especiallythat the insurance market development level of China is low and catastrophe isseriously absent. It is more necessary for us to offer fully theory evidence to thesystem structure of catastrophe insurance and overall analyses. This thesis has anoverall research on the problems of function position, basic theory, and ideas fromother areas, system analyses, mode choice and perfect legislation.The catastrophe has the unexpected and relatively loss, low rate and insurancebarriers. As to the function of catastrophe insurance, we should improve the losssettlement of the company to match the catastrophe risk or assemble the risk to spreadloss of the catastrophe risk, to realize expansion of the catastrophe risk on actuarialmethod and economic. It is decided that catastrophe insurance basic on the materialbenefits as the insurance profit, also it has the features of policy and social security,reverse selectively high rate and systematic. Compare with the governmentcompensation, which has the features of low efficiency, hysteresis, unknown,dangerous, reverse encourage, the catastrophe insurance as a system of beforehandand support each other, is proved to be a system of efficiency, good to form a cycle ofpower and duty, reduce and encourage to spread the loss, it also plays an key role inthe spreading compensation system of catastrophe risk.The basic theory of catastrophe insurance is makes up of value selection, destination and basic idea are the essential and basic points. The justice value ofcatastrophe insurance system is mainly reflected on freedom and equality, they allfollow the principles of freedom power, opportunity equally and reasonable difference,show the intense of real justice and social justice. The order value of the system isreflected as safety and predictable, their relationship is aim and method; the commonfeatures are relativity, changeable and limited. The efficiency value is the realityconditions based on catastrophe insurance system structure, it will overall realize thepurpose of spreading and compensating loss of the risk, reflect the features ofrelatively social profits and sustainable. The seek of order and efficiency value mustbase on the inner regulation of justice value, at the same time, the realization ofefficiency value should base on the realization of order value. The value selectiondecides the basic content of system purpose, compensation of loss and maintain thepublic profits reflect the justice value of the system, spreading loss and improve thedevelopment of insurance reflect the efficiency value, protecting social economicorder reflect the order value of the system. So the basic theory of the catastropheinsurance system are the realization of purpose and value, it is the main chain torealize the purpose and value in the principle details. The main theory of the systeminclude risk control idea, cautious development idea and overall supervisedmanagement idea, they crossing and penetrating each other and serve thedevelopment and control of the system.As for the ideas from overseas and the structure of catastrophe insurance system inChina. This paper concern on the main legal system of catastrophe insurance, throughthe learning of experiences of representative and mature catastrophe insurance systemfrom overseas, we conclude the risk control principle, support and security principle,compensation after catastrophe and reduce loss principle as the basic, important andotherness principles. The risk control principle contains underwriting range, applicantinvolved and limited applicant compensation duty principle. The support securityprinciple contains insurer involved, clear rate, risk transfer and catastrophe taxprinciple. The compensation after catastrophe and reduce loss principle containcompensation and prevent principle. This thesis makes a research and analysis on the principles and relative regulations in detail, combined with the fact and the structureof the catastrophe insurance system of China. About the risk control principle, on oneside we should restrain the insurer contract with the regulation of “none profit” or tinyprofit, as compel contract, compel content, maintain compellation etc, lead the publicby policy and make them understandable are the main means; on the other side weshould design different settlements amount according to different types contracts onrisk plan, make scientific fare rate regulations, set nonresponsibility limitation torestrain loss type and range, encourage the commercial insurance additionally, form astock of catastrophe insurance as a replacement to optimize the system. About thesecurity principle we should build up catastrophe insurance funds all over the countryas reinsurance, set an independent account, arranges the international reinsurance andrisk stocks; then design different rate and regulation support by government allowance.It is important that we should build up coinsurance and reinsurance to form aspreading risk system with the catastrophe risk stock, set up the exchange regulationto isolate risk and information disclosure regulation, and improves the loss spread andtransfer. About the compensation and prevent principle we should set commoncompensation regulation in catastrophe insurance system, also design the regulationsto documents missing, unidentified and right limitations settlements; promote thefunction of prevent and encourage by multistep regulation for own risk, preferentialrate for own risk.The legislation of catastrophe insurance system of China has practices through somany period from1950s, the legal point is usually focus on the regulation ofgovernment emergency compensation, but it is nearly blank to the applicants’ rightand duty in the catastrophe insurance, this thesis analyses the main legislation modeof overseas catastrophe insurance system, combined with China’s fact of situation andlaw, make the conclusion that in order to construct China’s catastrophe insurancesystem, we must cut in the special legislation to the catastrophe, then construct thecatastrophe insurance system step by step. At the end of the thesis, on the base ofconstructing catastrophe insurance system in China, the writer design《Earthquake insurance for residential building in People’s Republic of China》（suggestion paper）,elaborate on the combination of legislation in China from the aspect of location andstep of legislation, content and text structure of legislation.