Research On Insurance Consumers’ Rights And Interests Protection Law Problems

In recent years, with the gradual improvement of the people’s risk awareness, insurance industry has been booming in China. According to statistics, by the end of the year of 2014,the national premium income has reached 2 trillion yuan, the total profit of insurance company gained has been 193.42 billion yuan, and provided 1.114 quadrillion yuan for the whole society to resist risk.Insurance has made a great contribution to the steady growth of the national economy and the peace and harmony in our society.But at the same time, many problems, especially the insurance consumers’ rights and interests protection,also gradually appear. Due to the professional and complexity of the insurance contract in the risk assessment, price setting, the management of business, contract content etc, insurance consumers take up the weak position in the insurance exchanges. Because of the vastly difference in the quality of insurance service, insurance consumers’ rights and interests have been damaged. While legislators have made efforts in order to strengthening the protection of the rights and interests of insurance consumers, it is difficult to play a role in fully protecting the consumer rights and interests in practice.In order to solve the problem, the paper adopts the method of literature analysis, historical analysis, comparative analysis and inductive analysis, analyzes the root cause and the links of consumption, consumers and insurance consumers. Starting from the essential attribute of consumers’ vulnerable position, it is concluded that the insurance consumers belong to the customers, and apply to the general protection of customers’ law. At the same time, the author analyzes the character of the insurance consumer’s rights and interests protection, put forward a proposal about the insurance consumer’s rights and interests protection in the insurance law and consumers’ rights and interests protection law, explains the legal application logic between insurance law and consumers’ rights and interests protection law, and demonstrates the insurance consumers need special protection. On the specific protection methods, the author firstly concludes the advance and deficiency of the insurance consumer’s rights and interests’ protection in the insurance law by far. Next, the author describe the experience of the insurance consumer’s rights and interests protection in England, America, Japan, Australia and New Zealand in detail, and clear that we should study them on the basis of our country’s present situation and the actual. Finally, the author discusses the construction plan of the insurance consumer’s rights and interest protection in the insurance. It includes five aspects, insurance consumers’ rights and interests’ protection legislation principle, the legislation protection, supervision of insurance, consumer education, diversifies insurance dispute resolution mechanism and the insurance guarantee fund system.So this article discusses the characteristic of insurance law of consumer rights and interests’ protection, admits the importance of strengthening the protection of consumers’ rights and interests in the insurance law, investigates the current situation of the protection of the rights and interests of consumers in the insurance law, and indicates the insufficient of existing protection system clearly. Via learning the experience of protecting consumers’ rights and interests in insurance law of other countries, the author proposes solution of building the concrete scheme of consumers’ rights and interests’ protection system in our country.This paper puts forward some innovative ideas about the body of the consumer requirements definition, the rights and interests protection of insurance consumer and so on. For example, the author thinks that we should not distinguish the natural person and legal persons by the external form, on the contrary, we should judge them that it is the weak or not. Therefore, the author thinks that it is inappropriate to deny the possibility of any organization to become a consumer. For another example, the author raise it is not important to put forward the concept of insurance consumers. The more important things is to clear whether the body of the insurance law applies to the general protection in the consumer law, whether it is necessary to protect consumer by insurance law, and how to apply them.