Research On Legal System Of Insurance Solvency Supervision

Insurance solvency is that the insurance company's ability to pays the due debt back to. Insurance company solvency deficiency, not only damages insured's benefit, leads to an insurance company bankrupt, also disturbs the order of the market economy and effects the development of society.Therefore in every country, without exception make the insurance solvency as the core of insurance supervision. Our country's insurance market is still immature at present, insurance solvency supervision legal system is very faultily, still has bigger gap with the advanced country of insurance, unable satisfied the objective requirement of the WTO. Therefore, the main body of the book give first place to theoretical analysis, after compares regulatory system of insurance solvency supervision with several developed countries, combines with our country's regulatory system of insurance solvency supervision current situation, have pointed out our country's insurance solvency regulatory system defects, and have submitted the suggestion perfecting our country's regulatory system of insurance solvency. The main body of a book is composed from four parts. Part I emphasizes the significance and necessity to put into effect the solvency supervision on giving the stable basis of bounding the solvency supervision concept. The solvency is to point to an insurance company fulfill the ability paying for or being paid business's to what be undertaken risk responsibility , being that the insurance company property ability to pay , the indication that is insurance company assets and liabilities property relation. The objective receiving a track from insurance self's characteristic and with international insurance needs, insurance can perceive the necessity putting regulatory system of insurance solvency into practice and to our country in the current situation self-examination. Under being put into effect being sure that regulatory system of insurance solvency significance lies in actual circumstances having mature insurance market exit mechanism not yet in our country insurance, can make up our country at present be sure that market exit is machine-made, the perfect in the homeland insurance company beneficial to building hereafter beneficial to being sure that market exit is machine-made, is in a catbird seat in the competition with foreign capital insurance company.Part II priority has studied the developed country regulatory system of insurance solvency. The solvency having introduced that the American Risk-based Capital Requirement law regulatory system and European Union solvency margin regulatory system, and this two kinds system is given comparing; The dynamic test having introduced that American Cash-Flow Testing regulatory system and the Canadian solvency in Dynamic Solvency Testing regulatory system and both comparison. Defects having introduced that our country Taiwan area , Singapore , Japan and a few of our country currently in effect have stipulated, and pointed out system of our country currently in effect safeguard money regulatory system of insurance. In the regulatory system of the supervision of insurance fund application we having summarized, and introducing the regulatory system of English and American.Part III has summarized our country at present regulatory system of insurance solvency supervision, have pointed out our country current situation and deficiency of regulatory system of insurance solvency supervision. In the field of capital abundance regulatory system, that the minimum capital limitation that our country stipulates in Insurance Law applies to the insurance company starting business newly to those only carries out solvency inspection , is the effect overseeing less than the solvency up as for already developing the comparatively mature insurance company. On dynamic regulatory system of insurance solvency supervision, our country has no relevant dynamic solvency inspection regulation at present at all , system does not also build in upper blank space, moreover a few is more relevant to dynamic regulatory system of insurance solvency supervision comparing with others of legislation index. In the respect of regulatory system of insurance guarantee fund, the method of work that our country stipulates at present is excessively simple, has many problems on insurance guarantee fund drawing, applying still paying to such an extent even regardless of. Insurance fund applying problem, becomes at present already the bottleneck that our country insurance develops, our country Insurance Law is hit by the regulation applying about insurance fund, feasible insurance fund applying the channel is excessively narrow, is not beneficial for value-keeping fund added value, not beneficial for protecting an assured.Part IV brings forward a few to our country regulatory system of insurance solvency first step idea. Risk-based Capital Requirement drawing USA in abundance static state regulatory system in capital. The insurance company scale and risk situation can judge that company is used to support minimum capital, guarantee insurance company solvency managing what be needed. By the fact that the project relates to the different risk modulus one by one to the insurance company assets, liabilities etc., every project course risk weighting is added and always, reach minimum risk capital, is take the insurance company actual capital and the risk capital proportion as index, the size by the index changes, judge organization should take inspection action in connection with capital relative to sufficient risk degree and inspection. Lead into dynamic regulatory system of solvency supervision, the participating insurance that our country already establishes , the product investing in the type connecting kind of investment-type danger ratio tradition such as insurance , universal life insurance have more uncertainties , insurance company future will also be confronted with more risk , foundation has no way to satisfy the need that our country oversees at present to insurance solvency only by the static state solvency regulatory system. Reinforce supervision and control of insurance guarantee fund dynamics, the insurance of our country effectuation already manages mark, ensure a fund therefore ought to ensure a fund and be not life insurance according to that life insurance and the different characteristic being not life insurance, set up life insurance separately. Change unitary to insurance fee ensuring a fund extracting way as standard insurance, respond to appropriate the risk degree consulting every insurance company is big or small come to draw, risk degree the insurance that the small insurance company extracts ensures relatively little few of fund, such insurance company beneficial to composing thinks that the risk degree propagating, gets up to the purpose encouraging insurance company prudent operation more. Since the guarantee fund particularity, we ought to change the respectively administrative method being in progress currently to respective insurance guarantee fund from each insurance companies, the specialty founding the independent corporation organization insurance guarantee fund company, being in progress to the person manages and operates. Grantee fund payment as for insurance that business works out upper limit to being sure ensuring a fund standing a loss is very necessary. On the regulatory system of insurance fund applying to the insurance fee, now that needing to be tied in our national condition, drawing advanced experience of the foreign country, method oversees insurance investment, from the perspective of risk administration upper examination is sure that the fund applies with development.