Allocation Of Insurance Law Regulating

The purpose of insurance is to spread the risks of uncertainty to the people not interest. Have insurance from the time, it has never been out of the legal concepts of rights and obligations. Insurers and the insured because the insurance form of insurance and contractual relations, in accordance with the insurance contract between the enjoyment of the rights and obligations in the contract of insurance risk occurs, the insured or the beneficiary can be achieved and enjoyed by the insurance contract agreement Interests. As China's "Insurance Law" by the insurance contract law and the unity of the insurance industry law system, so, in discussing the insurance law regulating the allocation, in addition to the adjustment of rights and obligations of the parties, but also need to pay attention to the issue of insurance supervision.This paper is divided into four sections:In this paper, the first part of the Legislative Council discussed the Insurance Law of two important factors: a balance of interests and policy direction, this is the insurance law to measure the value of the Legislative Council. In a balance of interests, discussed two issues: 1, the Insurance Law and its main interest pattern. This article, insurance law, insurance is divided into the main parties to the contract, the insurance contract, insurance contracts, as well as supporting the main insurance regulators and the insurance industry, and are their respective rights and obligations of an analysis in this basis, the article from the insurance And the insured, insurers, the insured and the beneficiary of three insurance supervision on the main aspects of the conflict between the interests, rights and obligations of the foregoing together constitute the insurance law on the pattern of interests. 2, Insurance Law on the balance of interests. In understanding the pattern of interests, to achieve a balance of interests, the paper that need to grasp a principle and the two measures, that is, in the interests of bands under the guidance of the principle of achieving individual interests and individual interests, individual interests and the interests of the public balance. Insurance Law legislation in the policy orientation, the article analyses the policy orientation of the role of the insurance legislation and policy orientation of China's insurance legislation changes.This article discussed the second part of the Commercial Insurance Law and its impact on the standard configuration, this is the Insurance Law of the legislative system. This article, the Insurance Law of Commercial features include five: 1, protection of the law-profit, 2, and safeguarding the business of law; 3, reflects the efficiency of law; 4, guarding against the risks of the law; 5, including a large number of forced Norms of private law. Based on the above characteristics, insurance law norms need to grasp the allocation of five principles: 1, strengthen market supervision and respect for the balance; 2, forced sexual norms and the norms of any reasonable proportion, 3, accurately grasp the different types of standard features, give full play to advocate The role of norms, 4, pay attention to legal norms logical structure of integrity, 5, protect the weak.The third part of this paper discussed the "Insurance Law" in the formulation, implementation and revision, this is the legislative history of insurance law considerations. The article inspection of the insurance law formulation, implementation and the specific situation of two revisions and analyses of the two revisions in the standard configuration of characteristics: 1, authorized norms further strengthened, the parties to the right of more clearly, 2, the order of More scientific norms, promote the effective development of the insurance industry, 3, Jan ban norms have a disposable, timely confirm the results of the reform.In this paper, the fourth part of the current "Insurance Law," the analysis of the norms. In this paper, in accordance with the norms and forced arbitrary criteria for the classification of the norms of "insurance law" provisions classified one by one, and then regulate the function of each role and the practical application of the problems in the form and content from the two sides of the issue of regulating the allocation of detailed feasibility studies , which found deficiencies and made constructive comments.