| In recent years,the insurance group has madly invested listed companies and aggressively operated,causing turmoil in the capital market.Among them,the“Baowan dispute” has attracted much attention.Since December 2015,in response to the riskful use of funds by insurance institutions,the China Insurance Regulatory Commission has intensively issued regulations on the use of insurance funds,such as the “Notice on Further Strengthening the Supervision of Insurance Funds and Stock Investment Supervision” and the “China Insurance Regulatory Commission on the Establishment of Insurance Funds”.The issuance of documents such as notices on matters related to equity investment plans.The supervision of the use of insurance funds in China has entered a new round of “tightening period”,and the principle of prudent and safe investment has become the theme.China’s insurance supervision and management institutions strictly control the use of insurance funds,although to a certain extent to ensure the safety of insurance funds,but also because of the lack of the system itself,reducing the investment rate of insurance companies,is not conducive to insurance institutions longterm development.Therefore,from the perspective of jurisprudence,the author combines relevant cases and analyzes the current deficiencies in the application of legal supervision system for insurance funds in the supervision of the use of insurance funds,information disclosure supervision and proportional supervision,and the legal supervision policy for the application of insurance funds in China.Improve the provision of new ideasand thinking,in order to coordinate the contradiction between safety and income in the supervision of insurance funds,and achieve the healthy development of the insurance industry.The introduction part of this paper firstly expounds the significance of studying the legal supervision of the use of insurance funds,and then summarizes the existing research on the legal supervision of the use of insurance funds at home and abroad.Finally,the paper briefly introduces the writing method,framework and innovation.The first chapter mainly analyzes the concept of insurance funds and the legal relationship of the use of insurance funds from a legal perspective.At the same time,through the analysis of the current use of insurance funds,the necessity of using the insurance fund supervision system is discussed.The second chapter is the key content of this article.This part is developed from two aspects.The first is to explain the current situation of the use of insurance funds supervision system,mainly including the supervision system of the use of insurance funds,the supervision system of insurance use and the risk management system of insurance funds;the second is to discuss the shortcomings of the current insurance application system.It is a deficiencies in the use of the supervision system for low-level insurance funds,the complexity of the application of insurance qualifications,and the supervision of proportional supervision and information disclosure.The third chapter is a comparative analysis of the insurance fund management system in the three representative countries of the United Kingdom,the United States and Japan.The United Kingdom is the "cradle" of Europe’s first premium country and modern insurance industry;the United States is the world’s largest economy,and its insurance market is very developed;Japan,as our neighbor,has many similarities in its insurance industry development.Therefore,by analyzing and studying the system and characteristics of insurance fund management in the three countries,it is helpful to grasp the general trend and advanced experience of insurance fund management and supervision,so as to provide a direction for improving China’s insurance capitalsupervision policy.The fourth chapter is mainly based on the problems raised in the previous article,combined with the excellent supervision and application experience of extra-territorial insurance,and puts forward suggestions and reflections on improving the supervision system for the application of insurance funds,such as gradually changing the regulatory concept,relaxing the qualifications of the main body,and playing the the systemic role of the platform of the association.The legislative construction of the supervision of the use of insurance funds from the perspective of penetrating supervision of information disclosure and supervision of the proportion of sources. |
