Insurance Broker Legal System

This dissertation studies the laws of the insurance broker of China in accordance with the regulations of the Insurance Law, Contract Law, General Principles of the Civil Law, Regulatory Rules on the Insurance Broker (Trial) of China, and Regulatory Rules on the Insurance Broking Companies of China, as well as the laws and leading cases about the insurance broker in Britain, America, and some other countries where insurance broker industries are developed.The thesis consists of four chapters.The first chapter begins with the concept of the broker, and casts back to the origin of the broker and his development. By combining with the status in quo, it probes the necessity of China establishing her own broking system. The intention is to deepen the understanding of some basic concepts and the background of the thesis. This chapter still discusses the differences between the laws of the insurance broker of China and those of other countries.Being the main part of this thesis, the second chapter discusses the legal status of the insurance broker and his rights and obligations, his relation with the proposer and the insurer. In the countries of Common Law Legal System, the broker is regarded as the agent of the assured. Besides the special law, he is also regulated by The Act of Agency. There are some special provisions about brokers in English Marine Insurance Act 1906, which are different from those of the Continental Law Legal System. As a country of Continental Law Legal System, the writer concludes that generally the Chinese insurance broker is the committee of the proposer or the assured he serves under a commission contract. Therefore, the thesis studies the broker's legal status, his rights and obligations as a committee. In addition, this chapter discusses some special problems such as dual agency and reinsurance broker.The third chapter introduces two kinds of insurance broking contracts and their legal characters, and analyses the broker's rights and obligations with the assured upon the contract. It still emphasizes the legal results when the broker breaches his duty and the character of his responsibility and etc.The fourth chapter, which consists of four sections, focuses on the regulationof the insurance broker. Section 1 compares the regulation laws of different countries of the insurance broker. Section 2 analyses the legal foundation of the regulation, expounds the perfection of the Regulatory Rules on the Insurance Broking Companies of China, and gives some suggestions to our legal system. Section 3 discusses the issues about the principles of regulation, and section 4 describes the criminal and administrative responsibilities of the insurance broker.On the whole, the thesis, through arguing some relative issues, structures systematic insurance broker law of China, with the aim at polishing the revision of the present laws and regulations on the insurance broker.Wang Hongjuan (International Law) Directed by Professor Yang Zhaonan...