Insurance Broker's Legal Research

Because insurance broker plays more and more important role in ourinsurance market, but most research of it is from the point of view ofeconomic, the writer will do some legal research and tries to ascertain thelegal status of insurance broker.The thesis is composed of five chapters.The first chapter is summary. It mainly inquires into the definition, origin,development, the present situation, classification and function, so that thereader can have a comprehensive and general view.The second chapter is mainly about the legal status of insurance broker.The first section analyzes the legal status of insurance broker in the legalsystem of common law, basing on the difference of agent between the twolegal systems. The second section analyzes the legal status of insurancebroker in China. After analyzing the unreason of the present view, thewriter brings forward her view that the insurance broker is the committeeof insurer.The third chapter is about the rights and obligations of insurance broker.Firstly, the writer analyzes the fundamental rights and obligations ofinsurance broker as the committee. Then the writer introduces the specialright named the lien of policy, which exists in practice but still not beadmitted by law. At last, the writer introduces some special obligations ofinsurance broker when he does some mediate or agent service.The fourth chapter discusses the legal liabilities of insurance broker. Thewriter emphasizes on the civil liabilities of the insurance broker, containing contractual liabilities and tort liabilities. The fifth chapter compares the supervisory systems of the foreign countries, Hongkong, Macao and Taiwan, and indicates the necessity of the present supervisory model and the places needing to be developed.