Study On The System Of Insurance Apparent Agency

Insurance apparent agency system is the result of the development of the commodity economy, which is also a legal system indispensable in commodity economy society. The appearance of insurance agency system makes insurance transactions be easily carried out, which not only reduces transaction cost but also improves the transaction efficiency in insurance market. In developed countries, insurance agency system is extensively adopted in insurance industry, and insurance agency is the most common behavior in insurance industry. In recent years, Chinese insurance industry also practices insurance agency system forcefully. The introduction of insurance agency system contributes to reducing the operational cost of insurance company, improving economic benefits, accelerating the harmonious development of insurance businesses in different places and different regions, promoting the fast development of our insurance industry. Meanwhile, problems resulting from insurance agency occur increasingly, some of which even affect the trust image and the continuous, stable, healthy development of insurance enterprises. For the sake of the safety of insurance transaction and the opposite part's interest, on Oct. 28, 2002, the 30th conference of the Standing Committee of the ninth NPC issued the Standing Committee of NPC On the Decision On the Revision for Insurance Law of PPC.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 insurance agency is concerned, the establishment of insurance apparent agency system is to protect the interests of the insurer and the insured. But the insurer is confronted with great operational risk. From the point of view of the justice principle of Civil Law, how to balance the interests of the insurer and the assured becomes a problem we need to focus on. With regard to the study method, this thesis integrates the theoretical analysis with demonstration study. While dealing with the basic theory, this thesis also inducts the analysis of many cases combined with insurance practice, which provides sensible pilot and proof for the thorough understanding of the meaning of insuranceapparent agency system.