Insurance Agent's Obligations And Liabilities

With we stepped into the gate of WTO, our traditional insurance has been heading for a completely new development space. Insurance agent, as a important part of insurance, must step forward a further development stage as result of enormous challenge. In this respect, shortage of legal norms is a important hinder factor, and theory filed is also lack of thorough study and inquiry on these questions. This article is supposed to build and perfect our legal norms and systems about insurance agent's obligations and liabilities, and do better in practice.This paper comprises four chapters:Chapter one analyzes insurance agent's legal status. Firstly, it explains agent's essence and normal civil situation, insurance market situation, norm situation, through the comparison of different insurance agent's conceptions, in order to build the social foundation of the obligations and liabilities. Then the paper analyzes the agent's double legal status, which compared with insurer and the insured. Secondly, the paper put emphasis on our country, compares and analyzes our country and abroad insurance agent's development process and historical form once existed, and concludes the insurance agent's historical track of development model and perspectives which is suit for our country.Chapter two discusses insurance agent's obligations. Firstly, is fidelity obligation, which comes from doctrine of utmost good faith. It requires agent fulfills inform dbligation, use its discretion handle obligation and contract obligation; Secondly, insurance agent has remedy obligation, that is to say, if agent violates contract, encroaches on customers rights, he should fulfill the obligation on side; Thirdly, agent has obligationof take up train and supervision. The former is to say, agent should keep improving his comprehensive business quality through long-term train system, the latter means agent should accept the management of legislation, government, insurance company and professional self-discipline, and put the goal of standardization and system into reality.Chapter three discusses insurance agent's liabilities when he violates the obligations. One is agent's liability for infringement, mainly analyzes its premise, undertaken mechanism and main body; The other is agent's contract liability. This part bases on agent's legal situation, analyzes its emergence and undertaken, then strengthen the explanation of agent's cautions handling obligation.Chapter four is about legislation present conditions and perfect about insurance agent. Firstly, the paper introduces briefly the legislation present conditions, and points out lots of weakness existed in practice because of shortage of legislation; Secondly, the paper proposes a legislation frame which includes the mechanism of special and complete set norms combine, supervision and inner-control institution, in order to build a set of legislation system about insurance agent's obligations and liabilities, to accelerates the development of insurance.Finally, the paper explains the great significance of perfect the legal norms and look into the future.