The Study Of China's Insurance Contract Dispute Settlement Mechanisms

Through 26 years'development, China's insurance industry is becoming a crucial department of the nation's economy; meanwhile, the insurance contract dispute is becoming a big problem of our society. In one word, the speciality of insurance and insurance contract relationship makes it a problem. In China, litigation is the main legal procedure that used to settle insurance contract disputes. Due to the disregard of insurance law, China's law schools give the law students little information of it. Addition with the lack of insurance culture, litigation meets many problems in settling insurance contract disputes. Because we didn't make the litigation, mediation and arbitration a whole system for insurance contract disputes settlement, the 3 mechanisms never solve it well.Through the study of the insurance contract dispute settlement mechanisms of UK, Hong Kong, Korea and Japan, the author thinks that China should have its own way in building the insurance contract dispute settlement mechanism system. First, set up insurance court, which can solve insurance disputes professionally, and educate the people with insurance knowledge to construct the insurance culture in the same time. Second, after insurance culture and knowledge has been accepted by most people, insurance court should not be the main legal procedure to settle insurance disputes. And then, mediation and arbitration specially MED-ARB should occupy a more important position in the mechanisms.