Research On The Corporate Governance Supervision Legal Regime Of Chinese Insurance Company

The insurance business is an important constituent in the complete financial chain link, the goal of Insurance company governs supervision is to maintenance the lawful rights and interests of the insured and stable insurance market order, to maintain the insurance system safe and steady state as a whole, to speed up the development of insurance business. The universality idea of company governs is keeping in balance, procedure reasonably, information transparently and so on, Insurance company governs is applying the theory of company governs to the insurance domain, Interaction of insurance company's internal monitoring mechanism and the exterior government environment may produce good result of company governs. Company governs supervision of insurance company including the supervision of company higher managements, the supervision of company stockholder's rights structure, company risk supervision, insider domination supervision and so on. At present the corporate governance of Chinese insurance company also has many flaws, such as company stockholder's rights are too concentrate, the efficiency of corporate governance is low, the information disclosure system of company is not perfect, the function of insurance company independent director has not displayed fully and so on. It is very essential for the insurance company establishing the modern enterprise system that the property right to be defined, the power and responsibility to be distinct, paying great attention to the benefits, strengthening management, Consummating the company governs supervision legal regime of insurance company relates healthy development of Chinese insurance business。The existing insurance supervision system is to take the market behavior supervision, reimburses ability supervision and the company governs supervision as three stanchions, The reimburses ability of insurance company is not the only supervision object, At the present stage Chinese insurance supervision organization should implement the Omni-directional supervision on the insurance company. New "Law of Insurance" is revised in February,2009。A big luminescent spot of newly" Law of Insurance" is strengthening the legal norm and supervision of the insurance company governs, New "Law of Insurance" entrusted the legal power with the insurance supervision organization to adopt the concrete monitoring measures on supervising insurance company management structure, It is a big progress with constructing Chinese insurance company governs supervision legal regime. After China joining in the World Trade Organization, the insurance business develops rapidly, the external environment and internal factor of the insurance both have changed fiercely, Under this big background of internationalization studying the insurance company govern supervision legal regime, in order to impel powerfully Chinese insure supervision enterprise to switch to the internationalization.The article is mainly composed of four parts, the topic of first part is theoretical basis of insurance company governs supervision, Analyzed emphatically three theory cores of insurance supervision, analyzed specially the strict and the loose two kinds of supervision patterns of insurance company governs supervision, elaborated the differences between the insurance company govern supervision and the corporate business supervision, mainly comparison the insurance company governs supervision with the common company governs supervision from two aspects of company management structure supervision and internal control supervision; The second part is elaborated that American and Britain's insurance company governs supervisory system, and carried on the experiences and the lessons of insurance company governed supervision in these two countries, proposed the enlightenment to Chinese insurance company govern supervision; The third part is elaborated the flaws and the cracks of Chinese insurance company govern supervision legal regime, From several aspects of the laws and regulations construction, the supervision organization, the legal person management structure supervision, the internal control supervision and the international disparity describing the present situations of Chinese insurance company govern supervision, unearthing the subject matters of present insurance company govern supervision legal regime, and analyzing the reasons of these questions; The fourth part is elaborated to restructure Chinese insurance company govern supervision legal regime, the author proposed some own opinions and suggestions on construction and consummation of Chinese insurance company governs supervision legal regime, the author thought that leadership of insurance company governs supervision practice should be the careful consciousness, market consciousness, the risk awareness, the reform and open consciousness and law consciousness, strengthening the insurance company management structure supervision has become new international tendency of insurance supervision.