The Construction Of Commercial Insurance System In China

We try to describe the prospective of commercial insurance system in china at the time of economic transformation in detail. Currently an unprecedented reform is confronting with us, and free trade is the basic discipline in market economy. The strength of government enforcement is not depended only on the insurance industry in a single country, but in china all the problems occurring during the development of insurance industry just reflect the whole situation of Chinese economic reform in the past 20ycars. Between the traditional administrative plan economy and strong requirement for freedom, law fosters the construction and the development of the framework of social supervision and regulation with a programmatic and systematic manner so that it could ensure the good operation of economic identity. At the same time, as for the difficulties and panic after china entry into WTO, the spontaneous strength in economic field has broken through the limit of some regulation and paved the way for market economic potentially. So if administrative order is always emphasized much, it equals to underline the vested interest of some people but ignore the difficulties of private right in such a constraint country.As a traditional commercial law and private law, Insurance law is intending to demonstrate a character of public law because the governments intervene is stronger gradually. It is to say that it reflects the two deep clues basically during the 20 century: one is the flaw exposed in the rapid economic development梒ausing stronger government intervenes; the other is further social distribution 梩he scope of government administrative management is swelling梚t makes it inevitable that the nation right theory is predominant. The extension of administrative right is the same problem confronting with all the nations, which embodies in the insurance law is that the insurance law has the characters of commercial law and financial law. On one hand, it is extensive for involving in the individual interest in the society; on the other hand, it has an important influence on the finance field because of its strong economic ability. Therefore the insurance law has become the stress of government operation and to some extent the influence of government right on the manner, on the scope, on the degree of the insurance supervision and regulation has already the character of economic law.We expect more free respiration in future.