The Research On The Mechanism Of Insurance Industry Association Mediation Of Insurance Dispute Settlement In China

The role of insurance in the national economy is becoming more and more important.While the rapid development of China's insurance industry,disputes among insurance consumers and insurance organizations are increasing.The insurance disputes studied in this paper refer to the relationship between insurance consumers and insurance companies,including Underwriting,claims,surrender,preservation and other stages of disputes,which is the mainstream of insurance disputes.At present,the insurance industry in our country is still in an immature stage.Although the insurance disputes are numerous in number and complex in nature,their causes and controversies in the multiple fields are often more concentrated.The causes are related to the credit construction of the insurance industry and the industry self-regulation.The lack of construction is closely related.Therefore,the settlement of insurance disputes also has special requirements: professionalism;timeliness;the need for a certain standard;to protect the interests of consumers.Under the mechanism of diversified dispute resolution,the mediation of insurance industry associations is worth the development direction.Insurance Association as a non-governmental organization,is in the nature of non-profit,self-government and intermediary of the insurance industry.InsuranceAssociations in China has particularity in the development of members of the composition,autonomy.The insurance industry associations can play a horizontal coordination role for the development of the industry;maintain the order of competition in the insurance market and promote the construction of good faith in the market;promote the development of the industry and realize the economic benefits,which are crucial to the development of the insurance industry.On the basis of grasping the nature,functions and functions of insurance association,this paper points out the legitimacy and advantages of the mediation of insurance association: the neutrality of insurance association is more justified and has the right to maintain the rights and interests of insurance consumers;in addition,Has the professional advantage,provides certain standard for dispute resolution,meets different needs of insurance dispute resolution and other advantages so that it can better meet the specific requirements of insurance dispute resolution,and also promotes the benign interaction between industry development and dispute resolution,fundamentally improve the insurance market problems.At present,the insurance industry in our country started to pilot the mechanism of rapid processing of insurance disputes in 2005,which is a mediation mechanism of insurance disputes in the industry.Its operation mode is in line with the definition of mediation of industry associations studied in this paper.Examining the mechanism from the perspective of system and actual operation,it is found that the insurance industry association should weaken its due functions,mainly in the areas of poor credibility,low utilization,inadequate institutionalization and mediation organization construction.The advantages and roles of insurance industry associations in mediation are hard to be exerted.Not only the absence of norms such as conciliation procedures affects the predictability and stability of dispute resolution mechanisms,but also relates to the "alienation" of insurance industry associations in China.The insurance industry associations' function is not fully demonstrated.By comparing the FOS ruling mechanism of insurance disputes in the UK and the insurance industry associations in Japan and Germany,the paper provides useful references for our country's insurance disputes to rely on the industry mediationmechanism mediated by industry associations,including mode selection,system improvement,the role played by the insurance industry associations,Lawyers involved in mediation and so on.Based on the present situation and actual situation of our country,I put forward some suggestions on how to perfect the mediation of China's insurance disputes industry associations based on the reference of international experience.At this stage,we need to strengthen the guiding and promoting role of insurance regulatory agencies,enhance the construction of mediation organizations and the unification of mediation rules;The need to strengthen the role of the insurance industry associations in mediation,enhance autonomy,self-discipline,give full play to its communication,publicity and other service functions,enhance the effectiveness of dispute resolution and credibility;strengthen the role of lawyers in the mediation of insurance industry associations and coordination Good litigation mechanism and non-litigation mechanism in order to achieve the insurance industry rely on its own power to resolve disputes and promote the development of the industry.