Research On Legal Problem Of Insurance Company Solvency Supervision In China

The solvency of insurance companies determines realization of the interests for the insured. So it is solvency regulation on insurance company in our country can really protect the insured person’s interests and maintain the social stability and economic development. Insurance solvency supervision research in our country is late."Insurance law" only made principle provision for the supervision of the solvency, after revision of the"insurance law" in2009the risk based solvency supervision mechanism established. In recent years, the CIRC actively promotes the innovation of supervision, continues releasing" solvency regulation of insurance companies provisions "," notice on related matters internal audit report submit to the insurance company branch the institution dispatched by the CIRC" and so on. Therefore, our country has set up a legal framework with the basis of "insurance law", however it remains still need authorities issued the relevant judicial interpretations and regulations to be enriched. Meanwhile, the insurance regulatory institution also should based on the "insurance law" provisions, administrative rules and regulations to formulate and promulgate relevant insurance supervision and management of regulations in order to establish the internal corporate governance and market conduct supervision, insurance supervision system of the supervision on the solvency to enhance the solvency supervision binding. National Association of insurance commissioners (NAIC) has used the venture capital method at present, and the dynamic method to the insurance solvency regulation. The European Union basically used the original EU solvency standards I actively to implement the EU solvency standards II construction. Insurance solvency supervision research appeared lately in our country of relatively. The law classified the level implementation according to the insurance company solvency.This paper can bring up overall construction of insurance solvency supervision system from a legal perspective. On the analysis of domestic and international about the solvency of the insurance company based on theory and practice, dynamic supervision indexes system, investment of the insurance company funds, exit mechanism of insurance company solvency, financial information and other aspects. It combines current law in our country and puts forward the defects with shortcomings and specific insurance company solvency margin system suitable for China. As the insurance main body, the insurance company must be able to perform the payment of the insurance benefits and compensation capacity for duties. If the insurance company takes place such as operating improperly, abusing insurance funds and dangerous to its own obligations ability, it will damage the insurer’s interest, what is more, lead to the insurance industry to reduce new technology risks to social and economic instability to cost. Therefore, taking the solvency regulation of insurance company for granted will be able to protect the insurance industry and social stability.