| With the rapid development of insurance markets in China, there is increasing number of lawsuits on insurance disputes. It is normal for this phenomena happening during the development of insurance. Therefore, we should not be frightened by the dispute and the point is that we should resolve them in a quick, proper way. Otherwise, it will not only be bad for consumer benefits but also impede the development of insurance industry in the long run. Therefore, apart from trying our best to reduce or prevent insurance dispute from happening, we should also focus our study to how to build a lower cost, high efficient, flexible and adaptive MIDRS (multi level insurance dispute resolution system) on the preventive base against happening of insurance disputes.Based on this consideration, the author attempts to study the insurance dispute in a perspective of dispute resolution. Starting from specific character in insurance industry and on insurance dispute itself as well as our unique historical and cultural factor and legal background, the author do the research on insurance dispute in a systematic way, attempting to find MIDRS which are fit for our reality.The article is composed of introduction and main body which fall into four chapters. In the chapter of introduction, the question is first raised on the reality of insurance dispute in China and demonstrates the significance of forming the multi level dealing system of insurance dispute in China. Then, the author reviewed angles that researchers from home and abroad have mainly take to analyze the question and conclusions they have gotten from the aspects of insurance and law respectively. By doing this, the author found that the research work that have been done until recently are mainly revolved with physical law and few researches on dealing system of insurance dispute has been made from the procedure law, While researches in the field of law are only restricted to the disputes between the common subjects in general. And researching work made on dispute dealing system from the angle of industry and profession is few, even less are those based on insurance dispute which are unique and different from the dispute in other fields. Therefore, the author firmly believe that it is urgent that researches focused specially on dealing system of insurance depute should be taken. Finally, the author makes a simple explanation on researching methods adopted during the whole essay.Chapter1 is the basic theories on solution of disputes. In this chapter, The concept of dispute, solution of dispute as well as multi level dealing system is explained and different angles have been taken from including law status, the subject of dispute dealing, the process of dispute dealing, the objects of dispute as well as the effect of solution results to categorize various kinds of dispute dealing systems in order to get the further knowledge about outside boundary of multi level dealing system of dispute. In the author focused herself both on the way of litigation adopted dispute dealing system and the way of no litigation adopted and made an further study on their content, characters functions and advantages and disadvantages of both methods and then introduce several common non litigating way of dispute dealing systems of arbitrage, administrative method, mediation, compromising through litigating as well as private assistant.Chapter2, general analysis on insurance dispute and its dealing system laying the foundation for the study on forming the multi level dealing system of insurance dispute. In order to study the dealing system of insurance dispute in China, we must: 1.based our study on the character of insurance dispute itself; 2.base the study on what is happening on insurance in china to make the study more reality oriented. In view of this, the author first summarize various kinds of insurance disputes by considering all disputes happened in the whole link, from collecting the fee of insurance to payment and ex service providing, then making a study on all aspects from insurer, insurance representatives and agents, insurant as well as government and law to analyze the reasons for insurance dispute. In the second section, a deeper study has been made to analyze the characters of insurance disputes. In the larger category, insurance dispute belongs to civil dispute; by dividing further, it belongs to one of consumer disputes. Insurance disputes are generally happening between natural person and corporation, with an inequality between them. However, in terms of insurance, it is more specialized and complicated and at the same time, it happens more often than other disputes, so it attracts much more publicity. Such characters mentioned above about insurance dispute make it must satisfy requirements of being equal, in time, professional and efficient etc. In the third section, the author demonstrate that how such contradictory factors as efficiency and justice can influent the options of ways of disputes adopted by people and the society as well as how specific historical and cultural factors in China and its social and legal environment can influent choice of dispute dealing ways.Chapter3 is methods, experiments and problems on china insurance dispute dealing systems. It is a review on reality of China insurance dispute saluting method. There is some effect to deal with insurance disputes by using such method as insurance companies, insurance supervising institutions, consumer associations, insurance industry associations, arbitrage mechanisms, lawsuit mechanisms as well as medium, however, there are more and less problems existing on these ways above. Recently, all levels of society including insurance supervising offices, industry associations, insurance companies, agents, as well as legal services providers have been working actively to experiment various kinds of ADR methods and have made some progress on it, for example, some specialized insurance dispute mediating institutions, arbitrage institutions as well as insurance claim-for-compensation companies have been found. General speaking, as a whole, China's dispute resolving system still lack of effective resolving methods and channels to communicating information; there are also problems such as poor coordination in the system as the whole and bad public reputation on out-court resolution ect.Chapter4 is the construction of multi level resolving system of insurance dispute in China. Based on the 3 chapters above, the author put forward some basic methods and specific tentative plans. In the first section, first introduce some insurance dispute resolution methods and operating models employed by other countries and then summarize the indications which these models can bring to us. In the second section, based on above sections, the author put forward the basic guiding ideas on how to build our multi level insurance dispute resolution system, which are specialization, legalized, low cost, entire coordinating as well as enhancement on information channel building. Meanwhile, the author also gives the blueprint for basic construction on MLIDRS, i.e. to form multi level structure of insurance dispute resolution system by properly utilizing social resources. To accomplish this, attentions should firstly paid to internal control management inside insurance company, and specialized insurance arbitrage institutions be regard as main power that can depend on, complemented by insurance industry association and supervising institutions. In addition, insurance arbitrage and government lawsuit measurement should be counted as the final resort and insurance agents as assist methods. In the third section, the author make some efforts to take those ideas above down to ground and put forward some specific measurements on each kind of insurance dispute resolution in terms of insurance company, specialized insurance arbitrage institution, insurance association and supervising institution, insurance arbitrage as well insurance agents. |
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