Legal Research On The Construction Of China's Insurance Regulatory Model

With the time goes to 90's twenty century, the flow of financial mingling of banking industry and insurance industry sweep across the world. It does not only cause the large change in the insurance operating style, but also promote the innovation of insurance regulatory model.With the overall opening of our insurance market since China's entry into WTO , the competition inside and outside the country is becoming more severe, the competition subjects and competition rules are internalizing, the tendency of financial mingled running is becoming obvious, so the traditional insurance regulatory model can not meet the demands of our development in the opening condition .Considering the gross aim in the long run and the stage aim at present, through analyzing the environmental change of China's insurance regulation, we explores a set of insurance regulatory model which matches China's current situation. In short, China's insurance regulatory model is bound to transit to deregulatory model. But at present, our country should adopt the compromising model which emphasizes solvency mainly and gives some consideration on the market conduct regulation concurrently.The thesis includes four parts, they are: the basic theory research of insurance regulation;the insurance regulatory model and legislation of the developed countries;the question and solution in the process of constructing our insurance regulatory model;the enhancive sketch of our insurance regulatory model.The first part clarifies the definition of insurance regulation;probes the emerging reason of insurance regulation, the various classified ways of insurance regulatory model and the typical countries of different models.The second part introduces the concrete contents and development of insurance regulatory model in some developed countries and also introduces the insurance regulatory departments in some other countries, thus we have the overall explanation of insurance regulatory model in the Asian, European and American countries. We also discuss the international developing trend of insurance regulatory model.The third part introduces developing process and operating effects separately;analyzes the problems of ours' insurance regulatory model;points out our developing direction in terms of the real condition of ours' insurance regulatory model and the international trend.The fourth part gives some enhancive suggestion on ours' insurance regulatory model from different ways, such as: insurance market entry regulation;insurance contracts regulation;insurance solvency regulation;insurance regulation against swindle and the ways on how to strengthen the functional authority of China's insurance supervising committee.