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Analysis Of The2009"Insurance Law" Above The Revision Of The Insurance Supervision Law In China

Posted on:2015-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:H YangFull Text:PDF
GTID:2296330431453257Subject:Law
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The insurance supervision system is a mechanism of state regulation of insurance, means that according to the insurance law, the state insurance regulators regulate the insurance industry,to guarantee insurance market stable and the legitimate rights and interests of the insured. With the rapid development of modern insurance industry, the insurance supervision system is becoming increasingly important in insurance industry, especially the impact of the global financial crisis, all countries have pay more attention to the supervision of the insurance industry.China starts late on the insurance industry, but the development of the insurance industry are very rapid. China also has begun to take the legislation of insurance regulation, China "insurance law" has been amended twice since1995its implement, although the two amendments are different, however, all strengthen the insurance supervisory responsibility. On October1,2009, China’s newly revised "insurance law" has been formally implemented. This new insurance law further perfects the insurance supervision of our country’s legal system, it defines the target of insurance supervision and basic principle; perfects the insurance clause and premium rating control; strengthens the supervision of the insurance company’s solvency; relaxes the operation of funds of an insurance company; improves the transparency of the insurance supervision and so on. The new insurance law also has been implemented by a period of time, and China’s insurance industry is in rapid development, but the insurance supervision system of the new insurance law has been lagged, it is necessary to make a new improvement of insurance supervision system.This article uses the comparative analysis method to compare the insurance supervision system of a few developed countries in the world. Through the comparative study of insurance regulatory models, the author concludes that China should gradually change the market behavior supervision as the main means of supervision mode, and form the solvency regulation as the core of the supervision mode, finally, form the solvency, market behavior and the corporate governance structure as three pillars of modern insurance supervision model; through the analysis of the supervision of the main body, I think that China should learn from British supervision about self-regulatory organizations of industry, through the folk industry self-regulation, improve China’s insurance regulation; by comparing the insurance regulatory information disclosure system, put forward that our country’s insurance supervision should follow the western developed countries to improve the transparency of insurance supervision, to better protect the legitimate rights and interests of the insured.Based on the current "insurance law" in China, this paper draws lessons form international advanced experience and China’s specific national conditions, mainly discusses the advantages and disadvantages of insurance supervision system in our country legislation, and conclude that our country should perfect the laws and regulations of China’s Insurance Regulatory, especially perfect the judicial interpretations and administrative rules and regulations, etc; suggests that our country try to make the insurance industry law and insurance contract law in the insurance legislation process; and in the insurance intermediary qualification training, the insurance clauses and premium rate making and insurance claims complaints to the insurance industry self-discipline organization give more authority; establish and improve the folk credit rating institution, strengthen social supervision, improve the insurance regulatory transparency; construct the establishment of the accountability system of insurance regulators and insurance company responsible person, improve law enforcement of insurance supervision, and make the insurance solvency regulation as the center of the supervision mode, so as to improve the laws and regulations of China’s Insurance regulatory.
Keywords/Search Tags:2009insurance law, supervision system, modification, highlight, deficiency
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