A Study On The System Of Insurance Agency

In modern times, market economy is running and developing as finance its nucleus, and in the modern financial system, insurance holds the balance. According to the developing history of every country, insurance agency plays a very important role during the developing of finance. At present, the rules of insurance agency still need to be improved, especially the insurance agents' disobey of the agency. It is not only harmful to the legal interests of the insurer and insured, but also a limit to insurance's development. Therefore, we should discuss and research the rules of insurance agency, which has very important theoretical value and reality meaning in many aspects, such as standardizing the acts of insurance agency, and protecting the legal interests of the insured and insurers.Although insurance agency belongs to the agency by entrustment in the system of civil agency, yet it has both nature and feature, such as insurance agent with legal qualification and the act of insurance agency with presumed and general effects, as well as the limitation on the independent declaration of agency, and so on. The legal relation on insurance agency, which is consisted of subject, object and content, based on the legal foundation of the contract of insurance agency. The contract of insurance agency belongs to the contract of commercial agency, with its double natures of agency by entrustment and act of authorizing.In fact, the right of insurance agency is insurance agent's nature. There are rights to receipt of insurance offer and applicant of informative liability and right to collect insurance premium and so on in the rights of insurance agency. The act of insurance agency is the style of using the right of insurance agency. The legal effect should be attribute to insurance directly in the authorized insurance agency and the unauthorized insurance agency as well as insurance agency by estoppels. If the insurance agent abuses of the power of agency and the non-acknowledged act unauthorized insurance agency is emerged, the result will be that the legal effect of insurance agency is not elicited and the insurance agent must accept the due civil liability.