The Legal Research On Organization Supervision Of Mutual Insurance Company

Speaking of the insurance industry, the insurance organization form multiplication is important way of prosperity. However since long ago, our country only acknowledged the joint-stock company and the limited company. The sole organization form has brought many malpractices and forgoers country insurance industry development. Based on this, our country already started to begin to establish the multi-level capital market, including multi-level, many kinds of shapes financial organization form. Our country's first mutual insurance company had officially been established on January 11, 2005 and at present, will be carrying on Insurance Law the second revision, also the mutual insurance company system to take an important subject.Constructs in the mutual insurance company system, its organization's supervising and managing is the starting point and the benign. We study the mutual insurance company system from the organization supervising and managing legal angle of view quite to have the theory and the practice significance. However, because our country regardless of the mutual insurance company's fundamental research, or quite is all deficient at the experience, therefore construct one kind of brand-new company to have very great difficulty.Through the comparison, first may discover through the crosswise comparison that, American and Japan's organization supervising and managing system constructs quite comprehensively, the supervising and managing scope broad, dynamics is big. But Germany constructs in the system have the supervising and managing scope to be narrow, the supervising and managing dynamics weak question. Next through longitudinal compares with the joint stock insurance company, may discover two constructs difference in the organization supervising and managing system are all from the legal localization.Through to the overseas insurance market and the legal system inspection, is not difficult to see the mutual insurance company truly to have the superiority which the joint stock insurance company does not have, if can through construct a quite advanced organization supervising and managing law system, thus introduces it into our country, believed must be able to play the enormous impetus role to our country insurance industry development. In order to do not cause this viewpoint to become the anhydrous source, this article has analyzed our country insurance method establishment mutual insurance company's necessity.Finally, this article through discusses, think we can construct a advanced organization supervising and managing law system.The full text divides into four chapters to carry on the elaboration: First chapter analyzed the mutual insurance company from the economic and the legal science, the two different angles to organize supervising and managing the theory base.Second chapter selected American, Japanese, and the German three countries. Had taken the research object, the reason lay in the mainland legal system country and the English America legal system country mutual insurance company's way respectively has the characteristic, in the mainland legal system country, the mutual insurance company divided into Germany and Japan, therefore these three countries organized supervising and managing to the mutual insurance company the legal system to have to be most have representatively.Third chapter reasonably constructs our country mutual insurance company law supervising and managing system from macroscopic and the microscopic two aspects. Before carries on macroscopic and microscopic constructs, emphasized a count for much - establishment mutual insurance company's legal status, this is the premise and the beginning which all systems constructs.