Legal Study Of Protection Of Insurance Consumers’ Rights

In the2008financial crisis, it is common that the interests of the investors areinfringed. The main capital markets worldwide are increasingly attaching moreimportance to protecting the interest of financial investors and even further guardingagainst financial risks through the way of protecting the consumers. However, bycontrast of the Abundant Practice, the study on the basic theories of financialconsumers is insufficient. In addition, the methodology of taking a broad concept offinance including banking, security, insurance, trust is unreasonable, because itignores the individual feature of financial consumer activity. In our country, insuranceactivity is closer to the daily life compared with other financial activities and hascloser relationship with the daily life, health and property safety of citizens. Therefore,it presents more obvious consumption features. At the same time, the insurancecontracts are professional and the information asymmetry lasting from the time ofconcluding contract until the settlement of claims. The order of insurance market is tobe perfected, so the insurance activity has an urgent need for special protection andregulation.This dissertation starts from the position of insurance consumers. Through thecomparative study of the concepts of consumer, financial consumer as well as otherrelated concepts, the author further discusses three issues: the connotation and denotation of the insurance consumer interest, the subject of insurance consumerinterest, and the way of protecting the interest of insurance consumers.For the part of “the subject of insurance consumer interest”, the author firstdefines the concept of insurance consumer, and then defines the specific scope ofinsurance consumer. The scope of insurance consumer incorporates “insuranceapplicant”,“beneficiary”, and “insured”. The insurance consumers limited toindividual consumer and exclude the unit.For the part of “insurance consumer interest”, the author references the study ofother scholars on “interest of consumers” and “interest of financial consumers” andconstructs the basic structure of insurance consumer interest. Then the author furtherdiscusses the rights entitled to the insurance consumer: self-choice right, right to know,and right of privacy.For the part of “the way of protecting the interest of insurance consumer”, theauthor discusses the way of protecting the interest of insurance consumer from fiveaspects: Consumer Protection Act, Insurance Law, the education on the insuranceconsumer, insurance agency, and unified insurance regulators. Especially, in theapplication of Consumer Protection Act, the author differentiates the boundary of“insurance consumer interest protection”, and also makes comparison of the interestprotection of “common consumer” and “insurance consumer”. This is also theinnovation of the dissertation.