Under The New Situation Of China's Insurance Regulatory Legal Research

Global financial market has occurred severe turbulence under the influence of the financial storm triggered by America's subprime crisis. Fortunately, our country has not fall into the mire, and the economic fundamentals remain intact. But we should think deeply about the issue of regulation and control which is caused by the financial storm. Making a general survey of insurance industry, we will find that our insurance market develop quickly in the market-oriented economy, also, there are a lot of problems of economy, legal and society. More and more people has payed a close attention to how to enhance the regulation and control of insurance industry. Nowadays, in the trend of mixed operation, our aim is to keep our insurance industry developing healthily and steady by the scientific regulations. Considering the status quo of our country's insurance industry and the model of legislation of regulation, and analyzing the lesson learned of the financial storm, our insurance regulation industry is faced with a lot of issues no matter in the aspect of macrograph or microcosmic, such as over regulation and insufficient regulation coexisting, Solvency regulatory not mature, transparency of regulation not enough, distemperedness of the system of regulation. In the short run, these problems will influence the health and steady development of our county's insurance industry, and in the long run, they will make the insurance industry become a hidden trouble in our financial chain. So it has important theory and reality significance to investigate the regulation of our country's insurance industry under the complex financial conditions. Also, the new insurancelaw emphasize to strength the solvency regulation. These papers discusses the regulation of the insurance industry from the legal aspect, looking forward to contributing to built and consummate our country's regulation of the insurance modality.It has been just a short time since China introduced modern system of insurance regulation.Giving the establishing of the market economy system in China, the trend of insurance deregulation internationally, competition pressures on domestic insurers from foreign insurers upon China's entry into WTO, and the serious influence of subprime lending crisis, in which direction China's insurance regulatory system will develop is a main research topic. The author thinks the construction of insurance regulatory pattern in one country can't be separated from its particular state of the nation. It is better to define the government regulation's goal aim and job emphasis through the market's developed degree, economica development and surrounding world circumstances, than to find universal regulatory system, and the aim should be adjusted with the change of situation. So thesis brings forward deregulation and regulation on different aspects.This thesis has three parts:the first part analysises the definition of the insurance regulation, the legal depending of insurance regulation and why the insurance regulation belong to the area of economic law; the second part introduces the method and categories of insurance regulation. And employs the history of our country's insurance regulation, shows the process of the changing of insurance regulation:from the strict regulation to the poor regulation; the third part introduces the innovation experiences of foreign countries', and unscramble the regulation of new insurance law, discusses how to innovate our country's insurance regulation, especially be faced with the new challenges.