The Research On The Building Of Earthquake Insurance's Legal System In China

China's one of the earthquake-prone countries. Damage caused by the earthquake severely affected the country's economic and social development. Earthquake insurance has a very important role to protect the security of person and property as well as to promote post-disaster reconstruction. There are some gaps in China's earthquake insurance system about legislation. Whether or not to and how to carry out it has become the problem faced by present national governments, research institutions and broad masses of people , also has become the emphasis researched in the field of insurance subject and insurance law.The necessity to construct the legal system of China's earthquake insurance embodies in the consequences of earthquake damage, the defects of post-disaster salvation and the insurance needs of reality; Favorable conditions are reflected in the domestic situation and foreign experience, the support of government's system, the experience to prevent and rescue disaster, the insurance industry's strength to participate in and the conditions of insurance legislation and so on; We should adopt hybrid model for China's earthquake insurance that has the nature embodied in the unity of policy and business, compulsion and voluntary, independence and savings, etc.; The principles to build the legal system include safeguarding and popularization, different treat, step-by-step, government-led, market operation, disaster prevention and derogation; The main types of insurence are divided into mandatory insurance and voluntary insurance, property insurance and life insurance, urban insurance and rural insurance, which is a multi-level and sub-level as well as three-dimensional systems engineering.Earthquake insurance contract is the core of the building of earthquake insurance's legal system. The system should be established to build earthquake insurance database, expert group and carry out the dynamic premium rate with flexible way. There are some special requirements and differences from general insurance such as insureds, insurers, division of responsibilities, settlement period, pay in advance, insurance standards, sub - phases claims, regional settlement of claims and treatment to refuse acceptance. The system to scatter the risks of earthquake insurance is important that could remove obstacles to build and run it from carrying out earthquake reinsurance, securitization of earthquake insurance and establishment of earthquake insurance relief funds. In this paper, we take the successful experience of foreign countries, China's special conditions and discuss the main contents from the theoretical and practical level to build the legal system of earthquake insurance in China with a view to lay a good foundation and atmosphere for constitution and implementation of "Earthquake Insurance Act", which play the role of tests for establishment and improvement of catastrophe insurance system in order to fill gaps in legislation and promote harmonious development of society.