Research On The Perfection Of The Legal System Of Insurance Loss Adjusters In China

With the rapid development of China's insurance industry,the insurance parties have more professional,fair and objective requirement on insurance loss adjustment.The insurer is a party who is responsible for identifying and evaluating the insurance accident or the loss after the risk in the traditional model.However,the insurer has an interest in the insured subject,and it is hard for him to assess the risk and loss in a professional,impartial and objective way.As a third-party assessing agency,the insurance loss adjuster has no interest on the insured subject matter,and he may be able to make a fair judgment.At the same time,the insurance loss adjuster will invest more financial,human and material resources to improve their professional competence to achieve the social professional division of the insurance industry.Although the insurance loss adjustment has a lot of advantages,the China's development situation is not ideal,late start,weak strength,low business volume and low public awareness are the problems of insurance loss adjustment in China.One of the reasons for the slow development of insurance loss adjustment industry is that the legal system of loss adjuster is not perfect.This thesis focuses on the current legislation of the insurance loss adjustment,discover the shortcomings of the existing legal system,analyzes the reasons,and put forward the corresponding legislative suggestions for dealing with shortcomings.In addition to the introduction,this thesis is divided into four chapters.The first chapter deals mainly with the basic problems of insurance loss adjustment.The insurance loss adjuster is a professional intermediary assessment institution that is entrusted by the insurance parties to evaluate,investigate,identify and assess the insurance accident or the insured subject matters.The current legal basis for insurance loss adjustment is the "PRC Insurance Law" and the "PRC Asset Appraisal Law".In addition,The CIRC promulgated the "Regulation of insurance loss adjustment(draft for soliciting opinions)" in accordance with the "PRC Asset Appraisal Law".The second chapter researches on the civil legal liability of the insurance loss adjuster.Loss adjuster is the a civil party,it may cause damages to the principal or third person due to his own fault in the course of practice.The principal may ask the loss adjuster to bear tort liability or breach of contract,but the third person can only require the loss adjuster to bear tort liability.No matter it is tort liability or breach of contract,the principle of presumption of fault shall be applied.The civil liability of the insurance loss adjustment shall be borne by the institution,but if the insurance assessor have a gross negligence or intentional tort,the loss adjustment institution may recover the loss form the assessor.The insurance loss adjuster may participate the professional risk fund,insure the professional liability insurance or set insurance loss adjustment liability limits in the contract to decompose the professional liability risk.The third chapter research on the regulatory legal system of insurance loss adjustment.The regulatory body of insurance loss adjuster shall follow the prudential regulation principle and regulate the personnel,management and responsibility of the loss adjuster in a way that is good for the development of the whole insurance industry and professionalism and independence for the loss adjustment.To the institutional regulation,the regulatory body shall relax the conditions of market access for insurance loss adjuster,effectively protect the independence of insurance loss adjuster and improve the insurance loss adjuster exiting mechanism.To the personnel regulation,the insurance assessor's examination shall be established,and the insurance assessor shall be distinguished from the ordinary insurance loss adjuster based on the scope of loss adjustment.To the responsibility regulation,the administrative responsibility system of loss adjuster needs to be embodied.Based on the research in the second and third chapter,the fourth chapter focuses on the shortcoming of the current legal system.The main shortcomings are: the legal status of the insurance loss adjuster is unclear,the legal effect of the insurance loss adjustment report is not high and the self-discipline mechanism of the industry is absent.The reason why the legal status of the insurance loss adjuster is not clear is that the insurance loss adjuster has no market dominance,and the insurance consumer has insufficient cognition and trust for the insurance loss adjuster.For these reasons,the legal system shall open the mandatory loss adjustment in some insurance area which is related to the public interest,impose the insurance company a obligation to prompt the insured that has a right to authorize the loss adjuster,and the establish the insurance loss adjuster's qualification and recognition system.The legal effect of the insurance loss adjustment report is unclear because it does not have a clear legal character,and the recognition in judicial practice is not uniform.To solve the problem,the legal standard system for recognizing the effectiveness of the insurance loss adjustment shall be established.For these adjustment report which is ratified by both parties or investigated by multi-parties shall be effective.The reason why the insurance assessment industry self-management mechanism is lack is because there is no specialized insurance industry associations in China.For the insurance industry,the scope and means of self-discipline is also not clear.The barriers to the insurance industry associations shall be relaxed,and the insurance assessor qualification system,credit management system,dispute resolution mechanism and collaboration and sharing information platform shall be built via the insurance industry associations.