Research On The Legal System For The Protection Of Insurance Consumers' Rights And Interests

Insurance plays in raising the level of economic development, enhance the degree of social civilization and improve social governance on an important role, it is not only an important part of the market economy, but also an important means to prevent risks.The twenty-first century, China's insurance premium income was significantly improved, the insurance industry has developed rapidly. Compared with the rapid development of China's insurance industry, various types of insurance legal system construction appears lagging, especially with the protection of consumer rights related to the insurance of the legal system, the apparent lack of a complete legal system and effective relief mechanism.The current, there is a lack of good faith in China's insurance industry, insurance regulation is not in place, the insurance consumer awareness of self-protection thin and other issues, which directly lead to behavioral difficulties misleading sales claims and violations of the legitimate rights and interests of insurance consumers in large numbers in China's insurance market. In this regard, although China has taken a series of measures and have achieved some success, but from the insurance company violations of false propaganda text December 31, 2014 notification of the CIRC, the mis-selling cases, unreasonable exclusions case, nearly two years typical case investigation against the legitimate rights and interests of insurance consumers, can be seen on the protection of the rights of insurance consumers are still many problems.China's insurance industry is in a critical period of development, the insurance consumer the insurance industry as a prerequisite for sustainable development and fundamental research of its rights protection has become an important issue. Our study of the insurance consumer protection began in the early 21 st century, many scholars have put forward their views and opinions, and promote the development of the insurance consumer protection Theory and System. But consumer protection through insurance comparison and analysis of existing research, I found that the vast majority of research on almost all around the insurance regulatory and legislative, not yet clearly defined the basic concept of insurance consumers. Therefore, in order to better play the role of the insurance consumer protection legal system in the insurance industry sustained and healthy development, should learn from advanced extraterritorial legal system and regulatory basis of experience, and explore the establishment and improvement of China's insurance consumer protection Legal System.In this paper, the basic theory of the insurance consumer, combined with accident insurance consumer rights typical case occurred in recent years, leads to problems that exist on the current situation and to protect the interests of the insurance consumer, but the reason for this in-depth analysis; and draw on relevant advanced extraterritorial legal experience, put forward reasonable proposals around legislative, regulatory and consumer awareness of self-protection against other aspects of China's insurance consumer protection problems in the legal system.Contents of this paper is divided into four parts:Introduction part through discussing two cases about violations of the insurance interests of consumers, leads to the subject of this article. It also discusses the status of this research highlights, content, method and article and shortcomings.The first part is the basic theory of consumer insurance discussed in detail, including basic research areas of insurance consumers and the insurance consumer rights and interests referred to herein accordingly define, explain and discuss insurance consumer protection reasons and significance, giving the later discussion provides a theoretical support.The second part is the status of China's insurance consumer protection legal system currently in operation by a number of cases to analyze, and the insurance consumer rights infringement cases for type and cause analysis.The third part is outside the protection of the interests of consumers of insurance including the development of the Anglo-American legal system, including the date introduced, and the problems in our country, to extract the measures China should learn from them.The fourth part is to propose solutions and measures of China's insurance consumer protection legal system. Oriented to the problems, propose solutions from four different aspects: first, to promote the insurance consumer protection legislation; second, improve the supervision and management of the insurance consumer protection mode, update the corresponding concept; third, perfect remedy procedure; fourth, to enhance the insurance consumer self-protection awareness.