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On Path Dependence And Institution Choice Of Chinese Investment Life Insurance

Posted on:2006-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y C YangFull Text:PDF
GTID:2166360155454066Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With diversity social investment of channels, integration of financial product development of bank's rates, being older of people, especially being mature of insurance, security market and fund market, and untraditional insurance product, investment life insurance has formal, which stands for the latest trend of international life insurance. It is a study of theory road and practice direction by nature that Studying the path dependence of investment life insurance law. It is a great practical significance for regulation authorities, understanding value direction of law regulation, clearing astray of law regulation, knowing of the necessity of perfecting law regulation system, especially describing change of regulation model and innovation of regulation method with investment connection insurance, it is like a practical law suggestion. To some extent, it is of basic significance to reconstruct insurance regulation law. Part One: Analyzing systematically basic characters of investment life insurance product, defining the definition and kinds of investment life insurance, generalizing rights and duties of investment life insurance contract, depicting risks and controlling system of investment life insurance product, aiming to describe the necessity of law regulation of such product. In author's opinion, study of regulation method itself means the study of this essay is not just method of law study. In fact, not only is investment life insurance not traditional insurance product, but also it's worth being studied whether it is a insurance product. So that studying methods of this essay of common financial products in finance are used. But this essay mainly uses law studying method and also includes question of basic law idea and study method survey of present commercial law. At the same time, this essay aims to break away with the common essay model: rigid, one-direction, and abstract. Part Two: It begins with positivism analysis, analyzing completely traditional road of investment life insurance product regulation in our country. From present condition, idea, ways, background and shortage of traditional insurance regulation, this essay describes and discusses the entire condition of law regulation in the traditional system and describes that strict regulation model under administrative rule model isn't fit for investment life insurance regulation, and then describes logically the necessity and urgency of proper slack regulation of investment life insurance. This essay emphasizes that entirely traditional insurance regulation through administrative rule model, works out norms, takes some measures to influence organization and operation effect of life insurance market and limits different subject's deeds in life insurance market. Such regulation road can't be fit for realistic condition of present life insurance and realistic need of connection between insurance and other financial industry. New life insurance product needs fit new law framework .This essay tries to analyze the urgency of law regulation of investment life insurance product. Part Three: This essay mainly studies the value of law regulation of investment life insurance product .It mainly analyzes the need of law regulation of investment life insurance product and realistic influence and shock to insurance law and commercial law theory. Of course, it is both theory and practical problem. In the author's eye, law regulation of investment life insurance product embodies the legislation orientation of insurance law. Based on capital operational property of investment life insurance, maximum need of value-added capital causes the relationship tense between insurers and policy-holders, which manifests that insurance law's important character as commercial law, and embodies nation's power interference to realize interests'equilibrium between insurers and policy-holders. This essay points out that commercial deed is to stipulate the common type-trade of deed with making profit as its goal. It also embodies specialty of commercial subjects'deeds.
Keywords/Search Tags:Institution
PDF Full Text Request
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