Research On The Legal System Of China’s Catastrophe Insurance

A natural disaster is the human society is facing a major crisis, the damage has been farbeyond the traditional sense of the personal and property damage category, extend to thesocial system and the destruction of ecological environment system damage. In recent tenyears, natural disasters to human production and life has brought the impact there was noparallel in history. To respond to natural disasters, has become the important subject of theimplementation of social management. Therefore, the scientific recognition of natural disaster,the construction of legal mechanism for dealing with natural disasters, get increasingly theattention of social all circles. Among them, the establishment of catastrophe insurance system,which is the important practice.Establishing catastrophe insurance system, is composed of relief available publicfinancial resources are limited by the decision, is composed of disaster recovery of productionand living of the enormity of the task of the decision, is composed of environmentalremediation urgency and long-term nature of the decision, is formed by the reconstruction ofsocial order and the importance of decision.At present, our country establishing catastrophe insurance legal system facing threemajor difficulties, namely the idea, system and practice, predicament dilemma dilemma.Concept dilemma for the performance of risk occurrence: the public have the luckypsychology, society for government relief in psychological dependence, the insuranceindustry on the catastrophe is disposed with wait-and-see psychology, government agencies tocreate a catastrophe insurance mechanism has a lazy psychology. Institutional Dilemma of themain performance is: the central and local governments in the relief of fiscal responsibility isnot clear, the system of catastrophe insurance and other insurance products and therelationship between is not clear. Practice problems are: lack of insurance agency operatingthe catastrophe insurance of insurance industry experience, the lack of specialized personnelin operation of catastrophe insurance, catastrophe product design facing many technicalproblems.In this case, the establishment of China’s catastrophe insurance system: path should bethe nature of the position for catastrophe insurance policy insurance, the regulation ofcatastrophe insurance legislation pattern identified as special legislation, the catastropheinsurance business mode localization for governmental dominant. In the basic system construction, should establish a mandatory insurance system and clarify the subject system ofcatastrophe insurance. Design of catastrophe insurance compensation system, to establish thebasic principles of catastrophe insurance claims, but also from the catastrophe insuranceparticularity, from the insurance company to assume no warranty claims responsibility,reduce the franchise and moderately improved compensation limit and so improve thecontents of the system. From bank credit, preferential tax, subsidy and so on CatastropheInsurance Incentive mechanism. According to the capital market, financial product marketmaturity and a sound legal system, for the catastrophe insurance securitization developmentreserve system channel.