A Study Of China's Insurance Contract Alternative Dispute Resolution

The key of insurance contract alternative dispute resolution lies in the non-litigation.Specific ways,including consultation,mediation,etc.,it resolves insurance disputes through a series of means cut of litigation to safeguard the legal rights and interests of the parties to the insurance contract,promote the healthy and orderly development of the insurance industry,and promote the system of social fairness and harmony.Compared with the construction and development of overseas's insurance contract alternative dispute resolution mechanism,since China's insurance industry started relatively late,the industry-related supporting system is also relatively low starting point.With the rapid development of the insurance industry,the initial stage of the problems encountered are also increasingly clustered and intensified,but they did not have a good solution to the original intention of the dispute through the litigation,which directly led to the scholars' study on the establishment of insurance contract alternative dispute resolution mechanism.Naturally,scholars have been the general concern of some non-litigation methods'characteristics,such as non-confrontational,efficient and convenient,low cost of opportunity.In addition,insurance contract alternative dispute resolution mechanism is also in full compliance with our traditional social culture and the common concept of our society today:peace is most precious.In the construction of insurance contract alternative dispute resolution mechanism,the author summarizes the typical practice of China's Jiangsu Province.At the same time,it also analyzes and integrates the developed countries and regions such as Japan,Singapore,Hong Kong and Taiwan insurance contract alternative dispute resolution mechanism's advantages and disadvantages,hoping to contribute to the perfection of China's insurance contract alternative dispute resolution mechanism.I believe that in our country insurance disputes non-litigation settlement mechanism construction,we should pay attention from four aspects to ensure that the system can be successfully implemented,and effectively resolve the contradictions between the two sides of insurance disputes.First,the establishment of legal status.From the legal system level,we should establish insurance disputes non-litigation settlement mechanism's legal status,to clearly define the organizational structure,the scope of the case,work process,funding security,the effectiveness of the ruling and so on,which can improve the credibility of non-litigation resolution mechanism;Second,establishment of specialized agencies.the establishment of a specialized agency requires independence and coercion,which is achieved through the granting of government authority.Personnel are divided into professional and non-professional staff.Professionals can be part-time experts,academics,professors,or full-time staff.In the case of funds,the specialized agency may not charge the insured or policyholders,but the insurer shall pay a certain fee each year.Third,the specialized agencies'publicity.Taking Japan as a reference,through the establishment of consultants,activities and other traditional ways and sites,news media and other new media,we should spread the function of the specialized agencies,the scope of the case,the work process and the representative cases;Fourth,the improvement of the supervision mechanism.Insurance industry associations,news media,intermediaries,the public on the work of dispute resolution agencies need actively monitor.At the same time,the dispute handling agencies can take advantage of mobile Internet technology,regularly publish disputes to deal with data and business reports,and actively accept the public,third-party consumer rights organizations' supervision.It is necessary to construct and perfect the non-litigation settlement mechanism of insurance disputes in China,not only need the correct theoretical guidance,but also need to implement the system.