Research On Protection Of Insurance Consumers' Rights And Interests

In the development of modern civil law, consumer protection has become increasingly prominent, many countries pay close attention to it. With the development of society, people are facing more and more risks,and the consequences cused by risk have become serious. Insurance plays a important role towards the country, the community, even towards individual. In this situation, the protection of the interests of insurance consumers are becoming more and more important. However, the characteristics of the insurance contract make the insurance consumers are different from ordinary consumers, so that the weak position of insurance consumers is more obvious. Now days, financial consumer services have accounted for an important position, it is necessary to protect the interests of consumers to promote the development of the insurance, and give full play to the function of insurance that disperse risk, transfer risk and stable social order. The paper mainly analyzes the protection of insurance consumers interests from the following respects:Firstly, determining a definition of insurance consumers by the concept of consumers and the particularity of insurance. Analyzing the characteristics and significance of insurance consumers. Expounding the advanced experience of the typical countries of civil law and anglo-american law in the legislation, setting up special institutions, in order to provides reference for China to protect the insurance consumers rights and interests.Secondly, integrating the consumer sovereignty theory, contract justice, fair value theory. This paper aims to tamp the theoretical basis of insurance consumers protection, induce insurance consumers` rights, analyz the rules of insurance consumers protection from the angle of economics, jurisprudence and the value foundation. The calm period institution has been suggested as the new thinking to strengthen the protection of insurance consumers’ rights and interests in China.Finally, summarizing the existing problems of the consumer protection of our country, and suggesting to structure the legal subject and rule of law, strengthening the insurance market supervision, putting forward the proposal of building the multivariate dispute solution mechanism.