| In 1993,the State Council made it clear that China would carry out separate managing in financial industry .In succession, several laws were promulgated, such as "The Commercial Bank Law", "The Securities Law"and"The Insurance Law",which provided legal basis for separate managing and established the form. "The Insurance Law" also stipulates that the life insurance and non-life insurance should manage separately.The insurance separate managing has played an important role in standardizing financial order,reducing and alleviating the financial risk and promoting the continuous development in whole financial industry.But in the meantime,insurance separation exposed some problems and contradictions .For example,mutual separation in the financial three branch industries is unfavourable for harmonious development in currency ,capital and insurance markets.Thereby, it restricts the efficiency in financial resources .At present ,the international financial industry has been deregulated and Chinese insurance market has extended the scope of opening .In this situation,separate managing would make Chinese insurance industry in an unfavourable condition in competition. It is difficult for Chinese insurance to contend with large international insurance group equally.Consequently,fixed managing will be the trend, and it will be the realistic and inexorable choice for the development of Chinese insurance.This paper reviews the present situation and the disadvantages that current Chinese insurance separate managing exists;and analyses the legal obstacles that fixed managing exists.lt also poses that insurance separation has some risks when relevant legislations are not qualified and law position is equivocal. There are many risks, such as ,inside risk transmitting,the risk of financial lever and a large number of related deal risks.Thorefore,insurance fixed managing is inexorable,but we should make laws first.Fixed managing is the developing trend in developed country. With the financial... |
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