Research On Perfection Of China's Insurance Protection Fund System

Since the "12th Five-Year Plan" period,the scale of China's insurance market has gradually caught up with the developed countries such as Britain and France and other countries with increasing insurance coverage and insurance coverage.However,the chaos in the financial markets also exists in the insurance industry,which is concentrated in the areas of uncontrolled investment and dishonesty in some insurance institutions,which seriously damaged the legitimate rights and interests of insurance consumers and disrupted the normal operation of the insurance market.The importance of the insurance system as the last line of defense against systematic risk does not have to be overstated.Since its promulgation in 1995,China's insurance protection fund system has been implemented for more than 20 years.During its participation in the risk management of Xinhua Life Insurance and China United,it completed the risk disposal well.After more than 20 years in our country,the system of insurance funds has not been adapted to the actual situation in terms of its fund raising system,the conditions and procedures for the fund's utilization,and should be improved.The system of insurance protection fund should be revised Relevant laws and regulations,and actively promote the reform of the fund-raising model to further clarify the fund's procedures and conditions for the use of funds to optimize the risk-handling function.The text is divided into five chapters,starting from the development history of the insurance fund,the nature of the law,the system of mobilization,the system of utilization,the system of advancement and the system of recovery.The second chapter analyzes the insurance protection fund raising system is the first part of the entire insurance protection fund system is the insurance protection fund has the ability to rescue the policy holder's premise and basis,it is essential.Adequate capital reserve is the prerequisite for the existence of the insurance protection fund system and the establishment of its purpose.Fund raising patterns,raising fees,fund-raising and other factors involve the fairness and efficiency of fund-raising.The funds of the insurance protection fund come mainly from the funds that the insurance companies in our country paid in accordance with the regulations in time,that is,the funds are mainly taken from the insurance companies and are also used by the insurance companies.The income of the fund should be separated,and the personal insurance protection fund and the property insurance protection fund should be raised separately and stored separately.Nowadays,the international insurance protection fund collection model can be divided into three parts:the collection system,the ex post facto system and the hybrid system combining ex ante and ex post.At present,what kind of insurance should be raised in the world?Model.However,there is a tendency that most countries that have only established the insurance protection fund system in recent years adopt the ex-ante system and adopt the ex-ante system to better guard against the moral hazard of insurance companies,Our country is to raise beforehand.From the domestic and foreign insurance protection fund raising rates view,probably divided into two categories:one is a fixed rate system,the other is a risk-based rate system.The fixed-rate system is adopted in our country.Although the fixed-rate system is simple and easy to operate,the fixed-rate system can not reflect the risks between insurers.High-risk insurers and low-risk insurers share the same kind Rate will not give any punishment to the risky behavior of high-risk insurers,on the contrary,it will induce high-risk insurers to adopt adventurous business strategies so as to make cross-subsidy situations among insurers,that is,low-risk insurance company subsidies High-risk insurance companies,that is,high-risk insurance companies "free riding" phenomenon.Therefore,the future insurance system of China's insurance fund raising system can be considered to adopt the responsibility reserve as a base for raising the risk-based fee rate system as a combination of raising the rate of the insurance companies to pay the amount of funds to adapt to its own risk,And improving the current fixed-rate system in which risk-management-capable insurers subsidize the phenomenon of insurers with weak risk management capabilities and alleviating the moral hazard of insurers with higher operating risks so as to achieve a fair fund-raising system.In addition,in order to avoid unlimited accumulation of funds,you also need to set the upper limit for the amount of funds raised by each insurance company and the total amount raised by the fund.The third chapter explores the issue of the utilization of China's insurance guarantee fund.Insurance protection fund utilization point,Whether it is focusing on ex-ante salvage("buying medicine")or ex post facto relief("buying a coffin")on the provisions of Article 100 of the "Insurance Law" in our country,the current period of utilization of the insurance protection fund in our country focuses on ex post relief.However,the insurance protection fund system in other countries and regions,except when the problem insurer loses solvency,can use the insurance protection fund to compensate its policy holder.When the insurer has not lost its solvency but fails to pay Ability or the problem The insurance company is only a temporary cash flow problems,the future may resume normal business may also use the insurance protection fund to rescue them,that is,the insurance protection fund in addition to be given the function of ex post facto relief,But also the function of prior relief.In contrast,China's "Insurance Protection Fund Management Measures",as did not complete the "Insurance Law" of the relevant legislative authority,a direct result of its legislative rank is too low."Insurance Protection Fund Management Measures" provides that when the insurance company there is a significant risk,you can use the insurance protection fund.However,according to the superior law superior to the provisions of the lower law,"Insurance Protection Fund Management Measures" provisions over Yue "Insurance Law"suspicion.And according to the two practices of our country using the insurance protection fund,when the insurance company has not yet lost its solvency,it intervenes in advance and carries out the related risk disposal work.This shows that our country now has accumulated a certain amount of prior-to-issue insurance companies Experience in risk management.Therefore,the provisions of Article 100 of the Insurance Law on the conditions for the use of insurance protection funds are far from meeting the needs of practice and are yet to be perfected.However,given the function of ex ante assistance for the insurance protection fund,it can not be overkill,and the insurance protection fund should not be the financial support for the continued operation of the problem insurance company.The fourth chapter clarifies the insurance protection fund advancement system.The system of advancement of insurance protection fund is the core of the establishment of the fund.Ultimately,the fundamental purpose of setting up an insurance protection fund is to provide financial compensation to insurance policyholders on behalf of the incapacitated insurance company.Insurance Protection Fund Compensation for policyholders of insolvent insurers should follow the principle of dependency,the principle of incomplete compensation and the principle of complementarity.Compensation for policyholders should be limited to the scope of the liability of the original insurance contract.In order to avoid the moral hazard of the policy holder,except for compulsory insurance,the policy holder should not be provided with 100%compensation,and only if the policy The holder has exhausted all other forms of compensation.The Insurance Protection Fund does not compensate for the difference between the benefit of the policy and the amount already paid.That is,the Insurance Guarantee Fund is the "final payer." For foreigners,foreigners should be eligible for advancement of China's insurance protection fund,but shareholders who have a direct responsibility for the canceled or declared bankruptcy of the insurer should be excluded.As for the scope of advancement,our country has the necessary scope for advancement of the insurance protection fund for the production and life insurance industry.There should also be an exception for the high-net-worth insured person and the high prescribed interest rate.In addition,the maturity of the insurance protection fund should be increased.It is not necessary for the insurance fund to assume long-term liabilities,nor is it necessary to become another insurer.The fifth chapter clarifies the necessity of setting up the recovery system in China's insurance protection fund.The basic legal relationship of the insurance protection fund involves policy holders,insurance companies and insurance protection funds and other tripartite parties.The insured person has the obligation to pay premiums to the insurance company.The insurance company has the obligation to pay the insurance money when the insurance contract stipulated in the insurance contract occurs.The insurance company has the obligation to pay the fund to the insurance fund.When the insurance fund fails to pay Ability to compensate its policyholders with compensation.However,it remains to be clarified whether the obligation of insurance protection fund to provide compensation to policy holders is whether it is a debt assumption or a third party repays on its behalf.According to the nature of the insurance protection fund to compensate the policy holder,for the policy holder,the responsibility of the insurance company to pay the insurance benefits comes from the insurance contract.The supplementary liability of the insurance protection fund is based on the law Provisions from,this behavior should be characterized as a third party on behalf of the compensation.In addition,after the insurance protection fund repays the insurance company on behalf of the insurance company,of course,the policy holder's claim on the insurance company,that is,the insurance protection fund has the right of recourse to the insurance company,can insure the insurance company exercise the right of recovery.