The Regulation Of Insurance Publicity Behavior

The insurance publicity behavior is the blank of our insurance lawmaking currently. Although misleading or false publicity behavior of the insurer and its agent which is exposed again and again through the medium, we haven't good method to regulate it. So the thesis wants to find the regulation through insurance law and related law. The thesis is total to be divided into four.In chapter 1, the thesis first definite the concept and classification of insurance publicity behavior. Insurance publicity is the behavior that insurance company announce its insurance product and service information through each kind of medium so as to urge the latent customer in the market to purchase it , this kind of behavior also has the channel function to compete with other insurance companies and provides the information for the consumer. The insurance publicity mainly by three channels: the insurance advertising of the traditional form, the network insurance advertising, the publicities of salesman of insurance companies. Furthermore the thesis discusses the necessity of supervising the insurance publicity behavior on the insurance market in insurance law. Secondly, the thesis think the misleading and false publicity is the behavior supervised mainly and gave examples to analyze it in the insurance market. Thirdly, the thesis puts forward drawing lessons from the American lawmaking to supervise the insurance publicity according to their demarcation on the category and features and draw lessons from relate lawmaking to deliberate how to supervise it by concrete method in the angle of insurance law.In chapter 2, the thesis analysis the insurance laws system of the traditional insurance advertising. From the contract law, the thesis think insurance advertising belongs to invitation for offer. But if its promise is concrete and explicit and has important influence in the insure behavior of the consumer and who have the proof, then can draw lessons from the way that the contract law adopts to admit to offer. Then it discusses the relationship between insurance false publicity behavior and insurance contract from the angel of contract fraud and obligation before contract. Secondly, from the advertising perspective, if the content of insurance advertising is difficult to admit to offer and taking into account the impact of its policy holders insured acts, this article think it can draw lessons from supervise regulation of false advertising. The writer rely on the advertising law on the characterization and regulation of false advertising and try to discuss the how to determine the nature of the false insurance advertising and how to supervise it and its legal liability.In chapter 3, the writer emphasized to discuss from the law rules system of the network insurance advertising. The network insurance is a fresh thing, positive as it does, and the juridical blank area exists in it. So the writer think on one hand we can introduce the criterion method of the tradition advertising and on the other hand we can draw lessons from the lawmaking of the electronic commerce and the network insurances and according to the characteristic of the network insurances advertise to put forward the rules system project.In chapter 4, the writer elaborates to how to supervise insurance publicity behavior of the insurance agent. The writer think that on one hand we should strengthen the apparent agency system so as to promote insurance company to be better to strengthen control insurance publicity behavior of the insurance agent and on the other hand we should adopt the form of direct lawmaking to supervise their publicity behavior step by step.