Study On Related Problems Of Chinese Earthquake Insurance System

Earthquakes are caused by the crustal movement of the sharp burst occurredwithin the earth shock, caused by ground vibration phenomenon in a certain range.Because the earthquake is sudden and unpredictable, and easily lead to secondarydisasters, belongs to that of larger natural disasters. With the rapid development ofscience and technology, economic change rapidly, various means of early warning anddisaster prevention measures of science still can not stop the earthquake. The mainrelief for current is through the make up after disaster.All countries in the world today Reconstruction funds after earthquake in generalhave national financial allocation, social donation, international aid. Because theearthquake is not predictable and the destruction and damages involve a wide range,destruction, damage involves a wide range of reasons, many countries have notestablished system of earthquake insurance, the insurance did not play a role inseismic risk. As Japan-a country with frequent earthquake has established a relativelyperfect system of earthquake insurance in the field of seismic risk, the insurancemechanism, dispersion of seismic risk, slow earthquakes, so that it can be quicklyrestored after the disaster. The same as the earthquakes of China in apportioningseismic risk, has not kept up with the advanced world level. Chinese domesticinsurance companies think the earthquake risk concentration is difficult to disperseand the amount involved is huge, so the earthquake is not insurable in the insurance sense. Most commercial insurance institutions avoid earthquake insurance inconsidering the profit. But the earthquake insurance has its special socialcommonweal and welfare, many countries Combine various measures with thegovernment force to set up the earthquake insurance system, such as Switzerland in2009to implement mandatory earthquake insurance, earthquake insurance inCalifornia and the United States also take the government-led mode.The earthquake insurance systems have established have their own specialcharacteristics, China has set up earthquake insurance in1980, but abolished this kindof insurance after6years, so China haven’t use the means of insurance in seismic riskaversion to relief earthquake disaster. But along with the reforming and openingpolicy, under the impact of the foreign new ideas, new systems, the advantages of theearthquake insurance system is gradually revealed. Because China is anearthquake-prone country, especially after the Wenchuan earthquake in2008, China’sinsurance industry and academia started to study on the construction of China’searthquake insurance system. Because our country is in the initial stage of the study ofearthquake insurance system, the degree of understanding of earthquake insurancesystem is not very high, so there has been no breakthrough construction of Chineseearthquake insurance system. Because of this, this paper tries to research the legalproblems related to earthquake insurance system, through the analysis of the basiclegal relationship of the earthquake insurance, learn from the United States, Chile,Japan which has established the earthquake insurance system, clear theoretical basicof China’s earthquake insurance system construction, so as to do little help to buildChina’s earthquake insurance system.This paper launches from the following five aspects:The first part, define the risk of seismic, obtain the insurability of seismic risk andthe necessity of constructing the earthquake insurance system in China. Theestablishment of earthquake insurance system, can be fully disperse risk and avoidloss.The second part, analysis of earthquake insurance system of the United Statesand the Japan which have established, and analysis the feasibility of implementation of the earthquake insurance in China. The insurance shall be under the leadership ofthe government, with market rules, to build the legal system as the premise, in orderto establish suitable for China’s earthquake insurance system step by step.The third part, analyses the legal relation of the earthquake insurance with thelegal perspective, clear the application in law, establish the legal basis for theearthquake insurance system in China.The fourth part, the construction of the dispersion mechanism of earthquakeinsurance risk in China is the premise and guarantee of the construction of Chineseearthquake insurance system, so in the construction process of Chinese earthquakeinsurance system, dispersion mechanism of earthquake insurance risk is one of themost important parts. At present reinsurance system, earthquake insurance, earthquakeinsurance securitization relief fund are the main means used to relief risks. Toconstruct the system of Chinese earthquake insurance system, we must improve therelevant supporting measures, from the point of view of Chinese insurance industrypractice.