Our Country Commercial Bank Agency Of Insurance Business Risks And Legal Regulation Research

Along with the economic globalization and liberalization, Bank insurance agency as an intermediary business of banking and insurance industries, has been a certain degree of development in our country.But in the development process,a number of risks and problems must be faced, and legal system of the bank insurance agency is not complete.In this paper, by using qualitative analysis.the author first elaborate the background and content of the Bancassurance, at the same time determine that the bank insurance agency is in the primary stage of the Bancassurance.Second, by summary of existing literature data collation, the author analysis process and the stage of the tortuous development of China’s bank insurance agency. Combined with the empirical analysis, I analysis the main facing risks from the perspective of commercial banks, insurance companies and policyholders, including operational risk, reputation risk, legal and policy risk, market risk, systemic risk,etc.On the basis of analysising the risks faced by the parties to the bank insurance agency in China, later combined with China’s Legal supervision status, the following describs the existing legal regime for bank insurance agency in the agency relationship, business sales, accountability and internal and external management regulatory problems and deficiencies.Through comparative analysis, drawing on the bank insurance agency model of development and regulatory situation in France, Germany and the United States the author put forward the proposal to improve the relevant legal system.For the problems of China’s regulatory system, specifically including, recommended the establishment of specialized institutions responsible for institutional choice supervision of bank insurance agency intermediary business, and suggested to develop a specialized administrative regulations to improve the effectiveness and stability of the legal and regulatory.In specific system, mainly combined with the2011release of "commercial bank insurance agency business regulatory guidelines",1put forward some sound advice and suggestions towars the risks and problems, including relaxing the agent qualification, the extension of the duration of the agency, the burden of proof of commitment,edt. In addition, the author discuss the mutual participation between banking and insurance industries in the bank insurance agency.