Thinking Of Our Country "insurance Law" A Number Of Issues

Insurance is named as the "regulator" of economic life for its function of stabilizing society and bringing about a prosperous economy. How to give full play to this function depends on a sound insurance legal system. It is not long before we did the actual studies or utilizing with law of insurance. Fortunately, during this period, our country has already set up a preliminary intact system of legal system of insurance. Especially, the law of insurance issued in 1995, has made some positive contributions to the development and construction of the legal system of insurance of our country and to research of the law of insurance of our country, becoming the milestone in the history of establishment of our insurance law. Meanwhile, we should be aware that the law of insurance issued in seven years ago is already laggingbehind seriously. It not only has a lot of defects when it was issued butalso accumulated plenty of problems because of the rapid change in insurance market and the current situation of China's entry to WTOo The insurance law needs to be perfected.Fortunately, the insurance academic circles and the administration of insurance of our country have already noticed this matter: the law of insurance should be amended now! They undertook the work of amendment and review early this year. During the time of amendment and review of the law, I try to write down some of my thinking of years of accumulation on issues of the insurance law for expert or scholar's reference and hope this can be of some help for the amendment now or in the future.This thesis includes three parts: preface, text, summary and prospect. According to the Chinese insurance law, the text is divided into three chapters. In the first chapter, I mainly analyze the followings: 1 Legislative purpose; 2 issues of the object and the jurisdiction of the law of insurance; 3 issues on general principle when engaging in insurance activities; 4 issues on the subject who supervises and manages insurance activities. In the second chapter, I mainly analyze the followings: 1 must an insurance contract take a written form? 2issues of insurable interests; 3 types of the insurance contract; 4 issues of the beneficiary; 5 subject of the insurance contract; 6 issues of the principle of utmost good faith (including liability of disclosure, representation and notice); 7 issues of double-insurance and over-insurance; 8 choice of law rules for international insurance contract. In the third chapter, I mainly analyze on the followings: 1. issues of the .supervision and management of the insurance; 2 organizing form of insurance agent should be diversified; 3 the question if a company could Engage in the life insurance and non-life insurance at the same time; 4 issues of the supervision of the premium and the terms of insurance; 5 issues of reinsurance; 6 issues of the use of the capital of insurance; 7 other issues.I have adopted the uniform mode of "bringing forward the questions - analysis on the questions -drawing a conclusion - tabling a proposal for amendment" in every question. In the analysis on every question, I have set out not only plenty of opinions of foreign or domestic scholars but also the legislation of insurance of several dominating countries. Through comparison, analysis and appraisal, I strive, hard to put forward with some suggestions which can not only keep up with the pace of the development of international insurance law but suit with.the situations of our country.Aimed at the market status and the development trend of insurance law, I found there are a number of problems worthy studying. But I just concentrate on some of them in this thesis and hope my superficial and coarse remarks can induce others to come forward with valuable contribution. I believe that our law of insurance will become more perfect gradually and look forward to the implementation of the amendment of law of insurance at the beginning of next year.