Font Size: a A A

Study On The Membership System Of Coinsurance

Posted on:2019-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:M M SunFull Text:PDF
GTID:2416330545450705Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In practice,the development of China's coinsurance system is still at a pilot stage,and there are certain problems in the system of members of the coinsurance system.In terms of access,specific conditions and procedures for access to members of the coinsurance system are proposed.Members who want to enter the coinsurance body should have certain solvency,good credit,a certain number of years of establishment,a complete organization,etc.;in terms of procedure,members of the coinsurance body should submit applications,submit financial statements,a nd other relevant materials to prove themselves.In line with the substantive requirements,the regulatory agency shall review the insurance company applied for,and some coinsurance also provide the observation period.When the observation period is passe d,they are allowed to become members of the formal numbers.The admission requirements for members of the coinsurance body are too stringent,making it impossible for many insu rance companies to enter the coinsurance body,which will lead to a monopoly in the coinsurance market,which will be detrimental to the coinsurance market competition and harm the interests of the insurers.We should relax the access standards for the coinsurace numbers and allow more insurance companies to enter the coinsurance market and create healthy competition.In terms of exit,the coinsurance member system also stipulates certain conditions and procedural requirements.Members who want to exit from the coinsurance should share the compensation and expenses,liquidate and fulfill the responsibilities that have not yet expired;in the process,members need to submit the exit application to the regulatory agency,and the regulatory agency will start the exit process after review.The exit of members lacks an early-warning mechanism,and direct exit may undermine the stable development of the coinsurance body.Therefore,members of the coinsurance body should be established to exit the early-warning mechanism.In terms of rights,members enjoy the right to receive premium income and enjoy the distribution of profits in proportion to the agreement,while the chief insurer enjoys the right to operate as well as a one-vote veto on major issues.In practice,the chief insurer mainly operates the business by the chief insurer,which easily leads to the phenomenon of serious coinsurance and other free-riding free riders and insufficient exercise of the right to participate in the right to information.The range of major issues to which the chief insurer's one-vote veto right applies is not clear.The scope of application of the one-vote veto power of the chief insurer should be clearly de fined and the members of the coinsurance body should be able to fully exercise their rights.In terms of obligations,in addition to having a capital contribution obligation and complying with the constitutional obligations of the coinsurance system,members of the coinsurance system must also bear liability for compensation according to the proportion of the agreement.In practice,the chief insurer is overburdened and the obligations are unreasonable.It is necessary to coordinate the proportion of members of the coinsurance body and establish a co-defence legal entity composed of a few co-insurance bodies.In terms of supervision,the regulators are not clear enough,and there is no continuous supervision over co-consortium supervision.It is necessary to establish a supervision system for government supervision,industry selfregulation and social supervision.Establish coinsurance bodies for continuous supervision measures,and in terms of rights and remedies,provi de relief for members of the coinsurance body who have been infringed on the right to informa tion,premium income,and profit distribution rights.To combine the theory and practice of various aspects of the members of the coinsurance body,according to the actual operation of each coinsurance body and the provisions of the coinsurance body statutes,to provide suggestions for the improvement of the coinsurance body member system to promote the better development of the coinsurance body.
Keywords/Search Tags:coinsurance, members, subject qualification, rights and obligations, regulatory
PDF Full Text Request
Related items