Research On Legeal System For The Protection Of Insurance Consumers Rights And Interests

In modern society, Insurance has penetrated into the consumers’ life in all aspects as the blood vessels. Insurance has become an important part of China’s economy. However, china’s legal system which is still in the blank state does not match the fast developing pace of insurance. Now, neither we have specific legislation, nor an effective dispute settlement mechanism.Conflicts between insurance agencies and insurance consumers has become increasingly prominent. In order to make sure the results of this research has contribution to theoretical and practical significance in some certain, author has adopted normative analysis method, case analysis method, stereotypes analysis method, literature research method in this paper.This thesis is divided into four parts:Chapter one:The insurance consumer is placed in background of consumers. Dispute about concept of consumer is used as the starting point, and then author discusses the concept and manifestation of the insurance consumer. Analysis of the interests of the insurance consumers should enjoy. Chapter two:author uses the principles of Economic Law, Jurisprudence and Law and Economics to reconsider the necessity of insurance consumer protection and analyze the characteristics of insurance consumption. Chapter three:based on the present situation of our country insurance consumer protection, author analyzes the defects of existing legal system, including the legislative and regulatory defects. Chapter four:by studying the DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT, author has concluded several important enlightenments of consumer protection for our country. The bill emphasize the guiding role of the idea of legislation and regulation, and stress the importance of improving regulatory agencies’executive power and ensuring consumers’right of being informed. Last but not the least, from aspect of legislation and supervision, author has presented a legal system concept which is value-oriented by insurance consumer protection. To make a law on financial consumer protection is suggested, which contains the content of insurance Consumer Protection. The new law should clear its value, and give prominence to civil relief. In terms of regulatory, author insists that a financial consumer protection agency with insurance consumer protection agency in should be set. It should act as an institution directly under the State Council, and its administrative status should as same as the China Insurance Regulatory Commission, China Banking Regulatory Commission and China Securities Regulatory Commission. The new institution should be equipped with enough rule-making power, executive power and judicial power. By learning from others’research and combining with the particularity of the insurance consumer and the status quo of China’s insurance consumer protection, author has put forward my own point of view. First of all, this is no longer confined to "Insurance Law" framework, which will study the field of consumer law to broaden horizons, and combine with the basic theory of consumer law, to explore the legal definition and rights protection issues of the insurance consumer. Secondly, starting from the market economy mechanisms, I use the theory of Law and Economics analyze conduct of the parties in insurance transactions under different legal environment, which providing the empirical foundation for insurance consumer protection. Finally, little systematic research literature has been published on China’s insurance consumer protection. Most research focus on legislation or regulation, or a certain type of dispute resolution mechanism, and mostly were published in journals. Rarely has study gone deep into comprehensive display of the insurance consumer protection legal system profiles. Therefore, this paper begins from the legislative, regulatory, dispute resolution mechanisms to build a comprehensive, three-dimensional insurance consumer protection law system.