Research On Retrospective Management System Of Insurance Supervision

The thesis mainly studies on Chinese foundations.Based on the structural changes in Chinese society and the method of individualism,this thesis uses the methods of legal sociology and analytical comparison,reflects on defects of current legislation model and the causes of this situation,proposes the adaptive mechanisms of foundations,at the same time,explores the internal structure,administrative regulation strategies and social supervision mechanism and other aspects.The purpose of thesis consists of three levels: first,providing the system solutions on the foundation's dilemma;second,offering a new perspective for the development of Chinese community legal institution,and the last is shaping the localization experiences for Chinese civil society.By ways of legal interpretation and the empirical analysis,this thesis dissects the main rules and the effects of the legal system of Chinese foundations,which has an administrative power-based character.Then we point out that it failed to achieve the purpose of promotion,instead of causing a lot of anomie phenomenon in practice.The formation of this pattern of specification has the historical and institutional reasons,which not only arised from the history of Chinese foundations,but also closely related to the organizational structure and organizational properties of the foundations.We don't deny that the necessity and importance of the administrative control,but we argue that should keep the control purpose and control means to fit.Therefore,we advocate the transformation from the administrative power-based mode to the private governance-based mode.The private governance-based mode has the nature of the validity and feasibility,and fits with the meaning of existence value and function of the foundations.First of all,from the trend of international legislation,the private governance-based mode has the character of regularity.Then from the point of organization functions expected,it has a strong purpose.Thus we can prove its legitimacy,whether experience point of view,or rational point of view.Secondly,the private governance-based mode is feasible.From the perspective of the development stage of foundation itself,its already have the ability of private governance,and to the donors,they are eager to see the foundations govern itself.Finally,the private governance-based mode reflects the value of freedom,equality and efficiency,simultaneously,has important political,economic,and social functions.Therefore,the private governance-based mode has the foundation of the transformation,because of the objective support and subjective system root.With the establishment of the private governance-based mode,the internal structure of the foundations needs to change.Based on Chinses experience and abroad,this thesis summarizes into three specific institutional arrangements: "Board of Directors center " mode ",Board of Directors-Board of Supervisors" mode,"Council – Board of Directors – Board of Supervisors " mode.Then through the comparison of the foundation of corporate governance model,this thesis reflects the existing problems and causes.Meanwhile,this thesis focuses on the running situation of legal person governance in foundations,with the reform exploration of Chinese Red Cross foundation and Shenzhen One Foundation as the breakthrough point,we propose the adaptive choice for the structure.The private governance-based mode requires an adaptive administrative regulation strategy.With a pressing demand of reshaping relations between the country and society,the administrative regulation strategy of foundations needs a transformation,that is,from "vertical subordination" into "horizontal partnership".This thesis argues that we should follow the principle of proportionality which based on appropriateness,necessity and proportionality standard.On one hand,optimizing the mandatory administrative measures,to transform the "Dual Control System" into "Linear Management System" in the access specification,and turn "Antecedent Supervision" to "Subsequent Supervision" in the supervision specification.On the other hand,improving the motivational administrative regulations,to establish effective incentive mechanism and equitable financial support mechanism.The private governance-based mode emphasizes the role of judicial intervention.It is necessary that judicial power intervenes into the governance of foundations.It is due to the limitations of foundation's self-governance and the boundary of administrative supervision.Moreover,information disclosure legislation is not as expected as to play a role.But judicial intervention must adhere to a certain extent,on the one hand,the width shall be determined according to the scope of judicial power intervention;On the other hand,the depth shall be determined according to the relationships among judicial power and administrative power and the independence of foundations.The innovation of this thesis expected in the first place is the approach to research,and the approach also decided the research topic and the innovation of the research content.Specifically,we follow two specific approaches: one is the "social structure changes and differentiation".This thesis argues that since China's reform and opening up,the macro background of changes from "elemental identity society" to "heterogeneous pluralistic society" is to understand all the problems of the specific context of reality.A wide range of social mobility and differentiation of interest groups,as a result of the reform,are the fundamental causes of the foundation.According to the intrinsic motivation,in the face of the inadaptability of the foundation legal system,the necessity and possibility of the reform are emerged.Therefore,in this thesis,changes and differentiations of social structure are the basic premises of institution criticism and institution construction.The second is "methodological individualism".The author believes that the individual constitutes the ultimate unit of analysis in cognitive science,but also is the ultimate end-result of all kinds of value.In the event that the purpose is ignored,all plans and decisions of actors' could not be understood.The individual is not passive recipients,but active creators of the system,at least is a respondent.Based on this,this thesis emphasizes to satisfy individual motives and interests,admits that the foundation is the organization form of personal pursuit of public welfare purposes.Therefore,in the process of system construction,considering maximizing promote individual achieve public goals,proposes that the foundation legal system should be implemented by "major of heteronomy and auxiliary of autonomy" steering "major of autonomy and auxiliary of heteronomy ".