A Study Of The Insurance Investment Supervision Legal System Of China

The 104s item of insurance law of china rules that the funds using of insurance company must be steady,follow the safety principle,and guarantee the property worth increase in value.The use of the insurance companys funds should be limited in the bank deposit,buying and selling government bonds,fmancial bonds and other forms ruled by State Department.The insurance companys funds can not be used to establish the stock organization and to invest in enterprise.In January 1,2003 nnnnnew insurance law has changed the third as that the insurance companys funds can not be used to establish the stock organization and enterprise except insurance enterprise. From May 1, 1996 to June 10,1999, People ' s Bank of China had reduced the interest rates and the loan rates successively, the insurance corporation, especially the life insurance corporation had appeared the serious interest rate differential lose. It is likely to open the insurance investing channels in the insurance business. With the development of the insurance business of China, the insurance funds using to invest have been increasing a lot. In the contrast, the investing channels have been more and more limited. It is a most practicing issue that how to enforce the legal supervision of the insurance investment reasonably with opening the investing channels. This is just the researching topic of this article. The article has four parts. It begins with the general introduction of the supervision of the insurance investment, including the concept and the value of the insurance investment, the concept and the purpose of the insurance investment supervision and the theoretical analysis of it through legal angle.The auther think that the insurance investment supervision shows the fusion of public laws and private laws. It also shows the social basis of insurance law. Since the insurance investment has developed for a long time in other countries, we can draw on the supervision system of the legal insurance investment of other countries. Secondly, the article has introduced the concerningintroduction and criticizing of America, Japan and Taiwan province of China briefly in order to construct the rough sketch of the system of the insurance investment supervision of China. In the third part, the author states the history and the status quo of the insurance investment and the insurance investment supervision of China and sums up the current problems in this regard. In the last part of the article, in dealing with the present problems, it has set forth the ideas of perfecting the insurance investment supervision system. It believes that the insurance investment supervision system of China should regard the solvency of the insurance corporation as the main aim of the supervision, which appears the legislative intent to protect and promote the profit of the insurance corporation as much as possible, with insuring the safety. Therefore, the insurance investment supervision system of China should consist of the principles of the insurance investment, the scope of the funds using to invest, the pluralistic investment means and the strict investment proportion, the classific management of the investment of the property insurance corporation and the life insurance corporation, and the organization construction of the insurance invest subject and the self management system of the insurance business institution. Moreover, the article has design with great bravery the specific legal system of the insurance investment supervision, referring the system of the insurance investment decision committee, the system of examining and approving the usage of the insurance funds, the system of focusing to turn over the funds and using unifiedly, the system of exploit evaluation of the insurance investment and the information disclosure system and the system of the insurance of insurance investment.