On The Establishment Of Catastrophe Insurance Legal System Of China

As human living environment is increasingly being challenged by natural disasters and catastrophic risk. How to better respond to catastrophic risk has also been more widely appreciated, some countries and regions have set up catastrophe insurance legal system, trying to through the establishment of including government, market and society of multi-level catastrophe risk compensation mechanism to reduce losses caused by the disaster. China is one of the world’s worst natural disaster countries,especially in the 1990s, along with the social and economic development, the accelerated pace of urbanization, economic losses caused by natural disasters clear upward trend, has become the important factors that affect economic development and social stability. Our country has been taken by relying on financial allocations and social contributions of the disaster relief mechanism is very simple, which not only increase the burden of government and finance, and its efforts to solve practical problems is far from adequate, the victim bear most of the losses,for the general public a catastrophe could bring them drowned. The catastrophe insurance legal system as a mechanism for mutual aid paid in advance, in the aspect of defense against catastrophe risk and resist heavy losses has significant advantages. But with the help of catastrophe insurance in our country to reduce the proportion of the loss is far less than other countries. How to learn from the experience of existing catastrophe insurance legislation in developed countries and regions, built for local conditions catastrophe insurance legal system, related to people’s livelihood, it has become essential.Although China’s catastrophe insurance system at the national policy to be supported. In 2014,the State Council promulgated the "The several opinions about speed up the development of modern insurance services under the State Council", clearly provides for the establishment of catastrophe insurance system and related legal system, our country in Yunnan province and Guangdong province and other places also carried out experimental work.But the law is not ideal to build, China has not yet formed a single line on catastrophe insurance legislation, the law designed on catastrophe insurance is an issue worth exploring.This article hopes on the legal level to put forward some suggestions of the establishment of catastrophe insurance system in China,and contribute to the development of catastrophe insurance legal system render their own, the system is also expected to get the public’s widespread recognition and enforcement, in order to maintain the stability of society and economy.In particular, we should think, as a country plagued by natural disasters, why now not been established related catastrophe insurance system, after what reasons hinder its growth, only after understanding these can really for the development of catastrophe insurance legal system in China to provide practical advice, to get the support of the general public and maintain social stability.In this article, I use literature analysis, comparative studies and historical research of research methods, reading and sorting out a lot of relevant information, introduce and analyze the build of extraterritorial catastrophe insurance system and the background and development of our country catastrophe insurance system, I think catastrophe insurance as an insurance policy, which has the purpose of social security should be based on the theory of government intervention in economic law as the basis for system design, and in many ways to enrich the contents of catastrophe insurance law. Such as establish the catastrophe insurance institutions, establish catastrophe insurance fund, define the legal liability related subjects,etc. Through the establishment of the improvement of the corresponding system to realize the function and value of catastrophe insurance.On the structure, in addition to the introduction,The first part of this article is about the overview of catastrophe insurance, through the analysis of catastrophe insurance insurable condition,introduces the concept and characteristics of catastrophe insurance and catastrophe insurance legal system, then lay the foundation for the follow-up study. The second part combines the actual conditions of China’s current social situation and the limitations of traditional insurance law and other factors, analyzes the necessity of the establishment of catastrophe insurance legal system and the feasibility of specific operations. The third part through studying the other country’s legislation experience and advanced technology, come to the conclusion that the United States, Japan, Britain and New Zealand catastrophe insurance mode and can apply to our country’s local law, for our own to provide the reference for the construction of the catastrophe insurance legal system. The fourth part is through the full text of the research and analysis, according to national conditions for the construction of catastrophe insurance legal system in China’s legislative proposals, first determine the legislative model of the catastrophe insurance law, then clear legislation principles, finally puts forward some legislation content design about catastrophe insurance law, including the insured way, the scope of insurance coverage and the ultimate legal regulation of insurance claims and so on, improve the mechanism of catastrophe insurance dispersion, clear legal responsibility for subject in violate of the catastrophe insurance law. Hope to build a set of perfect catastrophe insurance in China legal system to provide the certain reference value.