Research On The Legislation Problems Of Catastrophe Insurance In China

In the face of nature,human is so fragile,earthquake,flood,drought and other natural disasters are in the threat to human survival and homes at every moment.Countries around the world have taken the construction implementation of catastrophe insurance legal system and measures to deal with threats of natural disasters.In China,natural disasters happen frequently,losses of economic and human life increase,the insurance industry is underdevelopment,catastrophe insurance has just started,the construction of catastrophe insurance legal system is still lagging behind.Therefore,the catastrophe insurance legal system as a catastrophe insurance "stabilizer" is particularly important,and to solve the problem of the catastrophe insurance legislation,has become the primary problem to be solved.This paper uses the literature analysis,comparative analysis and case analysis,retrieval and collect relevant documents and data,compares the payment of domestic financial relief and international catastrophe insurance,catastrophe insurance legislation is clearly carried out in China to resolve the current development direction of catastrophe threats,and then analyses the legislation model of catastrophe insurance abroad and the present situation in China comparatively,to conclude that the recent target of China's catastrophe insurance legislation should be the development of special legislation,the long-term goal should be the development of comprehensive legislation.This paper is divided into four parts.In the first part,the author summarizes the related concepts,relations,characteristics,legal attribute,and social functions of catastrophe insurance legislation,analyzes the necessity,and feasibility of constructing catastrophe insurance legal system in our country in order to help eliminate doubtful and improve the importance of catastrophe insurance legislation,which provides the necessary premise for the following research.The second part analyzes the current situation and problems of catastrophe insurance legislation in our country,which is helpful to find out the gap and deficiency,and to carry out targeted research.The third part analyzes the development status of domestic and foreign catastrophe insurance legal system,according to the main two international catastrophe insurance legislation cited typical cases,summed up the enlightenment to our country.The fourth part studies the legislative purpose and legislative principles of catastrophe insurance in China,and then combining the special legislation with the comprehensive legislation,the author puts forward the short-term goal of setting up the legislation--the special legislation and the long term goal--the comprehensive legislation,it also puts forward some constructive ideas on the legal construction of special legislation about the earthquake insurance,flood insurance and typhoon insurance.At last puts forward the construction idea of the comprehensive legislation from the angle of legal construction.