Study On The System Of Insurance Apparent Agency

New Insurance Law establishes the system of insurance apparent agency by the way of NPC's legislation for the first time, which will play a positive role in furthering the rights and obligations between the insurer and the insurance agent in the insurance agency relations, balancing the interests of the insurer and the insured and enhancing the trust level of China's insurance industry. As far as the study method is concerned, on the one hand, this thesis adopts the deduction method——from common to special, analyses the characteristics of insurance apparent agency on the basis of the general theory of apparent agency. On the other hand, this thesis closely integrates the theoretical analysis with demonstration study. Specifically speaking, this thesis also inducts the analysis of many cases combined with insurance practice when it discusses the basic theory, which provides sensible pilot and proof for the thorough understanding of the meaning of insurance apparent agency system. This thesis is made up of four chapters. The main content of each chapter follows as: Chapter one introduces the basic theory of apparent agency which includes seven aspects: the definition and essence of apparent agency, the historical background of the birth of apparent agency system, the comparison of the apparent agency system of the two Legal Systems, the legal functions of apparent agency system, the important documents of constituting apparent agency, the types and legal consequences of apparent agency. This introduction provides the strong theoretical support for the system of insurance apparent agency. At the same time, as for the essence of apparent agency, this thesis gives out its own point that thinks apparent agency in essence belongs to powerless agency. Chapter two starts with the analysis of the similarities and differences of the apparent agency provisions in Insurance Law and Contract Law. Then it expatiates on the definition and legal characteristics of insurance agency, on the basis of which puts forward the definition of insurance apparent agency. In the end, it analyses the institutional value of insurance apparent agency. In this section, as far as the provision of apparent agency in the Insurance Law is concerned, this thesis brings forward its own special understanding and sets out its deficiencies. Chapter three makes use of the study method of demonstration analysis. First, combined with the insurance agency practice of our country, it analyses the practical reasons of the birth of insurance apparent agency. The reasons include the big deficiencies of our country's insurance agency system, the low diathesis of insurance agents and the weak insurance consciousness of our people. Second, it puts out the important documents of constituting insurance apparent agency and specifically analyses the major causes of insurance apparent agency. Last, it gives out a typical case and makes use of the above theory to do a legal study on it. Chapter four begins with the analysis of the legal consequences of insurance apparent agency and discusses the legal relationships between the insurer and the applicant or the insured and that between the insurer and the apparent agent which include two aspects: the impact adscription and the liability subrogation of the effective agency. Then from the point of view of the insurer, it puts forward a few pertinent countermeasures to keep away from the legal risks of insurance apparent agency. The epilogue sets forth the writing pathway of this thesis, summarizes the main fruits of this thesis and brings forward a bit of legislative suggestions.