Research On Perfection Of The Diversified Insurance Dispute Settlement Mechanism In China

Insurance plays an important role in our national economy and people’s life.With the growing of social coverage of insurance, insurance dispute has become a normal in insurance industry. Based on the special nature of the insurance dispute compared to the other civil disputes and financial disputes, for example, such as the professionalism and complexity of content, the frequency is higher, the urgency of making up for loss of insurance consumer, and the broad social impact, higher requirements of insurance dispute settlement is put forward. Faced with the frequent occurance and the urgent need to resolve the insurance dispute, the diversified dispute settlement is respected by the insurance industry for its unique value. In order to play its role and function better, it is necessary to research the perfection of the diversified insurance dispute settlement mechanism.Through the comment of current status of the insurance dispute settlement mechanism in China from the aspect of legislation and practical operation, we can see the dilemma of the current insurance dispute settlement mechanism. Mainly including:the operating base is poor, social credibility is weak of ADR, information channel of dispute resolution mechanism is not smooth, and the docking and coordination between the mechanism is not enough. However, some representative resolution modes of insurance dispute in the world provide us useful experience aboutparticipants and mode selection. Britain has always been a typical representative of financial ADR because of its independent third-party insurance mechanism for handing consumer dispute. Japan’s Insurance Industry Association participates in the insurance dispute resolution actively. Korean government is the main part in resolution. And the United States has a court-annexed ADR. Next based on our practice, Ningbo’s insurance supervision system, Jiangxi’s third-party insurance contract dispute mediation mechanism, Henan’s “docking litigation and conciliation”mechanism, also provide us a guideline.Based on the above experience, the author attempts to put forward the following aspects to perfect the diversified insurance dispute settlement mechanism. First, to perfect the insurance complaint handing mechanism for building the first line of defense of resolving the insurance dispute as far as possible. Second, strengthen industry self-discipline, it can be considered to establish a integrated independent insurance dispute settlement mechanism for enhancing the professionalism and public convincing of the dispute resolution. At the same time, achieve the role of administrative supervision and standard the petition and administrative mediation legally and institutionally. Next, improve the system of information disclosure and information sharing, encourage insurance agencies to improve services and resolve disputes. Last but not least, in order to get the real convenient, professional and authoritative of the dispute settlement mechanism, we need to make a further promotion of the “docking litigation and conciliation” mechanism. So as to effectively protect the interests of insurance consumers and increase the social acceptance of the insurance industry.