The Reconsideration And Reconstruction Of China's Supervision Rules Of Insurance Asset Management

Since 2012,the financial market in China has entered into an era of "big asset management",and the insurance assets management business is one of indispensable important component of insurance enterprises.Asset management business has become increasingly important source of profit.However,basic legal relationship insurance asset management involved and lack of supervision rules hinder the further development of the insurance assets management business and its risk controls.From the point of business practices,began in 2015,in the capital market of game involves variety insurance assets management products.At the same time,Shanghai Insurance Exchange also focuses on the development of the trading places for insurance asset management products.Insurance asset management business legal structure of business practices and regulatory deficiencies shall be summarized and analysis.Deserves further noted that in early 2017,regulators regulation principle of asset management business has unified regulation in trend across departments and emphasize prudent obligation,and the foundation of legal theory behind it is also worth reading.Moreover,the future construction of Shanghai international insurance center and the Internet insurance business also need complete and systematic asset management business rules.Because of insurance asset management business is relatively new business,so the corresponding legal basis and the discussion of regulatory model at present is not sufficient,but the author thinks that it is necessary to comb systematic summary and analysis,and put forward suggestions for improvement of the regulatory system,to help the development of asset management business in the future.In this paper,the main structure is divided into six parts:The first part is introduction,in the introduction part the author combs the paper selected topic significance,the research value and meaning of this article,and combing the existing research results,and explains the author's research method.The second part,the definition and basic law of insurance asset management business in China,is a discussion of the definition of insurance asset management business and its basic legal relationship.The author will summarize the current regulatory filing for the definition of insurance asset management.At the same time,the author will analysis insurance asset management business and general insurance business the pair of similar concepts in form,in order to make clear its inner legal basis of the two is not consistent.The author also explores the basic law of insurance asset management business relationship should be trust relationship,not for the principal-agent relationship.The third part,the author will discuss specific composition and its insurance asset management business in China in the regulatory issues,Including project assets support plan,infrastructure investment plan and entrusted funds management business.Three typical cases will be discussed in this part,in order to display the uncompleted supervision system nowadays.The fourth part,the author will summarize that that at present our country legal regulation of insurance asset management business has been on a macro level had formed around the "second generation" compensation system model of regulation,and in the micro level has formed multiple complex regulatory model.But the insurance assets management business regulations still have deficiencies.The fifth part,the improvement of the legal regulation on insurance asset management business advice,is based on the legal theory to explore and comb reality regulation and puts forward opinions and suggestions for future regulation.The author thinks that the complete supervision system is based on the fundamental starting point of the insurance assets management business,and basing on the basis of insurance asset management business legal relationship and business practices,to establish a systematic legal regulation,at the same time,draw lessons from the beneficial experience of comparative law.The sixth part,conclusion,is a summary of above.The author believes that to achieve control the balance of risk and the development of business,must be in clear the starting point of the regulatory system in order to promote the efficiency of the use of insurance funds,improve the security of insurance company ability and the level of corporate governance,explicitly set up insurance asset management business of the legal relationship of trust law and introduce the basis of trust prudent obligation as an important regulatory norms and establish systematic overall organic based on their regulation.