Traceable Management And The Insurance Consumers' Rights And Interests Protection

The object of this paper is the problem of traceable management of insurance sales behavior and the insurance consumers' rights and interests protection in China's insurance market.As an important measure to supervise the market behavior of China's insurance industry,traceable management of insurance sales behavior is undertakes the mission of controlling the market disorders such as misleading and false disclosure of repeatedly prohibited insurance sales from the source and protecting the legitimate rights and interests of insurance consumers from being infringed.In the past year,it has been highly concerned by the regulators,insurers,insurance consumers and other parties in the market.However,due to the lack of relevant supporting mechanism and its own shortcomings,it is difficult to give full play to the original expected effect of traceable management.In view of the time lag of insurance disputes,it is difficult to make an empirical analysis and evaluation of the actual implementation effect of the regulation.Therefore,it is of great practical significance to study the relationship between the traceable management of insurance sales behavior and the protection of the legitimate rights and interests of insurance consumers.This paper starts with the definition and connotation of traceable management,analyzes the basic concepts of insurance consumers and insurance consumers' rights and interests,and explores the current situation of traceable management and insurance consumers' rights and interests protection in China.On this basis,through the comparison between the official documents and the draft for advice of the Interim Measures for Traceable Management of Insurance Sales Behavior,an accurate and comprehensive understanding of the implementation purposes and methods of the traceable management is formed.Then it analyzes the positive significance and shortcomings of the traceable management for the protection of the legitimate rights and interests of insurance consumers.Finally,it puts forward relevant suggestions for improving the Interim Measures for Traceable Management of Insurance Sales Behavior in the next stage.In addition to the introduction and conclusion,this paper consists of four parts:The first part is the concept of traceable management,the background and current situation.This section first introduces the origin,definition,characteristics and essence of traceable management.Secondly,by analyzing the contradiction between the rapid development of China's insurance industry and the increasing incidents of infringement on therights and interests of insurance consumers,this paper analyzes the main reasons for the rise of insurance disputes year by year,thus revealing the background of the introduction of traceable management of insurance sales behavior.Finally,the paper introduces the current situation of the traceable management of China's insurance industry,which lays a foundation for the following discussion on the formulation of relevant provisions,content and clause comparison.The second part is an overview of the Interim Measures for Traceable Management of Insurance Sales Behavior.This section begins with the introduction of The formulation process and main contents of traceable management regulations.It also compares the terms and contents of the official documents and the draft for advice,summarizes the main differences between the two in three aspects,then makes a detailed analysis one by one.The third part is the role of traceable management in strengthening the protection of the rights and interests of insurance consumers.This section first analyzes the basic concepts of insurance consumers and the rights and interests of insurance consumers.This paper not only introduces the mainstream views of the current academic circles,and expounds the author's own views,but also introduces the current situation of the protection of the rights and interests of insurance consumers in China.Secondly,it discusses the function,principle and significance of traceable management in protecting the rights and interests of insurance consumers.Finally,it points out that the traceable management needs to be improved,including insufficient information of the key links recorded,insufficient attention to the privacy of insurance consumers and so on.The fourth part is related to the improvement of traceable management regulation.First of all,we should further expand the scope,form and content of traceable management;In the second,we should pay attention to strengthening the publicity and education of traceable management for insurance consumers;Thirdly,we should give full play to the role of traceable management in insurance dispute mediation;Finally,we should consider putting traceable management in the construction of insurance credit system.