Protection Of The Rights And Interests Of Insurance Consumers’ Inquiry

In recent years, the rapid development of China’s insurance industry, and for the stable development of the country people live and work and provide effective protection. However, due to the late start of China’s insurance industry, the rules relating to the various types of insurance, institutional or legal norms and not perfect yet, the insurance industry " self-regulation " and a serious lack of credibility, insurance regulators oversight, coupled with a weak position in the natural Insurance and insurance consumer rights awareness flimsy own particularity, the direct cause of today’s "misleading sales "," claims difficult" and other violations of the insurance interests of consumers behavior rampant exist. These same violations directly to serious violations of the legitimate interests of insurance consumers, significantly reduce consumer confidence in the insurance coverage, the insurance industry to shake the foundation impede the healthy development of the insurance industry. In view of this, China has actively taken a number of measures and achieved some success, but the insurance industry compared to the western countries to effectively protect legitimate interests of consumers of insurance, we have a lot to learn from the successful experience, there are a lot of work to do, but also have a long way to go.Our research on the insurance consumer protection began around2000, many theorists and practitioners are experts on this proposed its own distinct perspectives and insights, to promote the protection of rights and interests of insurance consumers play an aetive role, but the definition of the basic concept of insurance consumers are not always a consensus. In this paper, the basic problem of insurance consumers cut, draw on the insurance scholars and expert advice at home and abroad, summed up his own definition of the basic concepts of inquiry of insurance consumers, followed by the status quo of China’s Insurance Consumer Protection and its causes be summarized and analyze and explain the necessity of the insurance consumer protection, and finally around the perfect law legal system, strengthen supervision of insurance, regulate the behavior of insurers and insurance consumer education and put forward reasonable proposals for improving their own consumer protection. This paper is divided into four partsThe first part describes the basic problem of insurance consumer rights protection. First performed on the consumer and insurance discrimination, and based on2013revised " Consumer Protection Law" and " Insurance consumer complaint handling management approach"2013China Insurance Regulatory Commission issued the relevant provisions of the insurance consumer spending attribute explicitly apply "Consumer Law "adjustment, while interpretation of the particularity of the insurance consumer, which is one of the innovations of this paper; then be exploring the definition of insurance consumers, based on" Insurance consumer complaints management approach " to determine the scope of insurance consumers, including the insured, the insured and beneficiaries, and to clarify the fundamental rights of insurance consumers to enjoy, which is this innovation bis.The second part analyzes the status quo and the reasons expounded China’s insurance consumer protection. Summarizes the status quo of China’s interest in protecting consumers’legitimate rights and interests of insurance consumers mainly been violated, the legal system is not perfect, dislocation and other regulatory objectives, while five from the perspective of the insured, the insurance industry insurance consumers, insurance regulatory and legal norms be parsed separately, a profound summary of the reasons for the formation of the status quoThe third part describes the reality of the need to protect the interests of insurance consumers. Insurance consumers are the foundation of the insurance industry, and only effectively protect the legitimate rights and interests of insurance consumers, in order to ensure the healthy and sustainable development of the insurance industryThe fourth part describes improve the protection of China’s insurance consumer rights legal advice. Presented separately from the perfect law legal system, strengthen supervision of insurance regulate insurers of insurance consumer behavior and educational perspectives reasonable proposals, including the introduction of the principle of legitimate expectations to improve the insurance regulatory system and improve China’s second-generation system construction to solvency regulation strengthening the management of insurance companies is three innovative point of this article.