Study On The Legal Regulation Of The Investment-oriented Life Insurance

The Investment-oriented life insurance still belongs to a new research field in thedomestic，It has the characteristics of insurance coverage and investment function thatmake it has the advantages of competitive position, while the definition of theInvestment-oriented life insurance itself in the legal sense is still not clear, and thecorresponding legal system has deficiencies and shortcomings. The investment-orientedlife insurance in extraterritorial countries and regions development earlier, it firstproduced in Europe and the United States, and with the ups and downs in thedevelopment process, but there is still more mature legislative experience and legalsystem, which worth learning combined the actual in China. The first of this articleanalysis the features and several types of the investment-oriented life insurance throughthe comparison with the traditional life insurance, consider the rights and obligations ofthe parties, and defined its meaning based on considering it combine with legal attributesof insurance, trust and securities. Secondly, through the analysis of historical andcomparative, this article introduced the legal regulation content of some extraterritorialcountries and regions like the United States, the United Kingdom, Japan and the Taiwanregion’s which imitate the development of the United States but retain characteristics, thearticle concluded the regulatory system from a different perspective, and puts forwarduseful advanced experience that worth learning. Again, through analysis of the stereotypeand comprehensive, this article introduced the status quo of Legal Regulation of theinvestment-oriented life insurance in China, attributed the current situation exist inpractice such as the basis level of Legal regulation is not high, the deficiency ofinvestment accounts security, he frequent of Improper sales, the lack of a comprehensivetax incentives and regulatory regime, and so on. Finally, through the comparativeanalysis, the article combined with the specific problems and the actual development ofthe financial market in domestic, proposed some operability suggestions on the basis ofpractical improvement and the advanced experience of the extraterritorial national andregions, including raising the level of the basis of legal regulation, strengthening theeffective regulation to investment accounts and improper sales, the article alsoinvestigate the corresponding tax system and moderately flexible regulatory system.Through the establishment of a sound and effective regulatory system andcontent, which will as a escort for the healthy and sustainable development ofinvestment-oriented life insurance in China.