Review And Consideration Of The Legal Construction Of China's Insurance History

Insurance legal system construction consists of legislation, execution and abidance. During the nearly 100 years history of insurance legal system construction, what can we absorb and learn from history is useful for future insurance legal system construction. What are the drawbacks and insufficiency of the present insurance laws and regulations? In order to satisfy the quickly developing insurance industry, what insurance laws and regulations should be made. Moreover, there are some suggestions provided for how to improve insurance legal system construction. Under the guidence of Marxism and dialectical materialism, this dissertation uses analysis to integration, particular to abstract, induction to summarization research methods. This dissertation consists of three parts. Part one is about history review?of insurance legal system construction and thinking. Insurance legal system construction started at the end of Qing Dynasty. In 1902, the Qing Dynasty government decided to make new laws. On the aspect of insurance laws, Great Qing Dynasty Business law etc. was made, but it was not brought into effect because of the collapse of the Qing Dynasty. However, the Qing Dynasty government's insurance law consciousness is worthy of appreciation. During the Northern Warlords Government period, insurance industry had a certain development; Insurance Contract Law Draft and Insurance Industry Law Draft were not implemented because of the collapse of the Northern Warlords Government. During the civil war, insurance legal system was improved. The 1 GuoMingDang Party published Insurance Law in 1929, which consisted of General Rules; Damage Insurance; Life Insurance; total 82 provisions. In 1935, Insurance Industry Law was published, which consists of General Rules; Guarantee Fund; Insurance Company; Mutual Insurance Community; Accounting; Punish Rules; Supplementary Articles; total 80 provisions. The two laws are very important, but its execution time was not published because of the imperialism's despotic power. In the anti ?Japanese war, insurance legal system was improved better; Insurance Law and Insurance Industry Law were replenished. However, there was not a single insurance law which was put into effect to provide law protection for insurance industry's develQpment. It shows the GuoMingDang Party government's weakness and compromise. After 1949, a series of insurance laws were made which contributed to the insurance company's publicly owned action. During the time of 1949 to 1979, insurance industry was canceled?and recovered time and time again. The government had a blurred knowledge about insurance industry's function, so insurance legal system construction was stopped. From the time insurance industry recovered in 1980, insurance legal system construction was started again, but it can not satisfy insurance industry's developing need because of only one insurance company operated in China. "here are no insurance laws to abide by, no one abides by insurance laws, executing insurance laws is not serious?is the situation description. Insurance Law (published in 1995) symbolizes insurance legal system construction taking a new step. After that, a series of relevant insurance laws and regulations were published and insurance legal system is initially formed. Part two discusses achievement and insufficiency,...