| Viewing the whole world's economy, we can see that, no matter in developed countries or in developing countries, in free economy or in governmental intervention, insurance industry is always an industry which government takes charge of with very stern measures. So the insurance regulation plays an important role in regulation of government The essence of market economy is rule by law; therefore, regulation of insurance should rely on related legal regulation too. Along with the development of insurance industry and the increase of insurance activities, insurance regulation has achieved great improvement. Meanwhile, a properly established legal system of insurance regulation in reverse has ensured a healthy and orderly growing up of the insurance industry.Although banking industry, securities industry and insurance industry are three carriages of modern financial industry, for now most scholars pay more attention to the fore two industries, leaving the last one rarely touched. But in the recent several years, the developing tendency of the insurance industry is quite powerful, yet comparatively theoretic research and innovation on regulation of insurance was short of being studied seriously. As the famous economist Zhang Weiying points out, financial crisis in the 21st century will arise from the incapacity of insurance payment. On the other hand, in the small quantity of thesis on insurance regulation, most ones are of informing and acknowledging kind and mainly from the angle of economy with few from the point of view of legal thinking and reasoning.This thesis shall call all rules concerning insurance regulation the law of insurance regulation, and analyses the general rule and theory combined with practice related to the area of the subject here discussed adopting scientific accomplishments from fields of law, economy, sociology, administration, philosophy, etc. and experiences of developed countries' practice. Also it discusses theories on the economic law from the angle of departmental economic law in hope of benefiting China's related application.This thesis is composed of four parts, about 32,000 words.Part one: the theoretic foundation of insurance regulation. In this part, theauthor has studied the concept of insurance regulation, and gives a concrete definition to it i.e. a general title of the regulation acts as a result of an exercise of administrative power by organizations that intend to see a smooth and healthy development of the insurance industry. It also points out the multiple-objective system of insurance regulation and, discusses the main three types, three modes, and three theories of the world's insurance regulation system.Part two: the analysis of fundamental category of insurance regulation law. This is the most important part of this thesis. First it introduces the concept of insurance regulation law, and then lists its three levels of regulations. Second, it points out that the best values that can reflect the nature of insurance regulation law are safety and efficiency. Last, it extracts four fundamental principles of insurance regulation law, which are: regulation according to the law, moderate regulation, separate regulation and fair regulation.Part three: the concrete ideas of "construction of insurance regulation legal system. This part examines legal provisions related to insurer and insurance agent. As for regulation on the insurer, it analyses regulation of insurer's qualification, management, business operation and financial affairs adopting the method of comparative study; as for the insurance agent it only chooses the most typical one as object for analysis.Part four: designing and bettering of China's insurance regulation legal system taking into account the fact of China's having entered into the WTO. First it states the five principal risks existing in the body of insurance industry and the causes of them. Second, it turns to the problems with the insurance regulation system, such as the incompleteness of insurance legislations, the lack of auth... |
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