Research On The Application Of Triple Punitive Compensation System In Insurance

"Insurance consumers" is not a legal concept in China,but this title has been widely used in China's academic and practical circles.The China Insurance Regulatory Commission has even established insurance consumers in order to better protect the legitimate rights and interests of insurance consumers.Rights Protection Bureau.The academic community and the China Insurance Regulatory Commission have put forward many effective suggestions on how to protect the legitimate rights and interests of insurance consumers.However,there is no accurate definition of "insurance consumers" in China's legislation,and some scholars have expressed dissent.The controversy over the concept of “insurance consumers” by scholars is not a controversy over the use of legal terms.What is involved is a more complicated legal issue: the Consumer Protection Law(hereinafter referred to as the “ Consumer Protection Law ”).")Can you apply the problem in the insurance field? After the introduction of China's new Consumer Protection Law in 2014,Article 28 included the financial service operators in the scope of the Consumer Protection Law.From then on,the financial products trading activities including insurance can be regarded as a kind of consumption.Behavior,which is also the legal basis for the concept of “insurance consumers ”.Insurance trading behavior can be regarded as a consumer behavior because of the consumption attribute,so insurance can also be regarded as an intangible product or service.Since the insurance transaction behavior can be recognized as a consumer behavior,the insurance consumer is insured during the insurance transaction.When the operator defrauds,he should be able to claim that Article 55 of the Consumer Protection Law claims three times the punitive damages.However,since the author collected in 2014,the parties have invoked Article 55 of the Consumer Protection Law to claim three compensations.Judging from the cases of sexual compensation,it is found that the application of Article 55 of the Consumer Protection Law in China's insurance field is still full of problems and disputes.The author summarizes the referees of relevant cases and finds that Article 55 of the Consumer Protection Law is applicable in China's insurance field.There are three major problems: First,the scope of“insurance consumers”is unclear,and the object of insurance consumption is insurance products.There are a variety of types,and there are also many consumers in the insurance transaction process.It is difficult to explainwhether it is necessary for the needs of life.Therefore,the first problem that needs to be solved is to define the scope of“insurance consumption”.Second,The“insurer fraud”act does not have a standard of recognition.The condition of use of Article 55 of the Consumer Protection Law is that the operator has fraud,and fraud is the legal concept in my national law.There is no fraud against the operator in the Consumer Protection Law.The standard of proof of conduct is defined.Therefore,in the judicial judgment,the insurance consumer often fails to fully prove the insurance operator's fraud and loses the case.In those cases where the rare consumer wins,the judge determines that the insurer constitutes a fraud.They are also different.This is because the lack of a unified standard of recognition for "insurer fraud" is cited in judicial application.The third is that the compensation base for punitive damages lacks a uniform standard of recognition.The punitive damages stipulated in Article 55 of the Consumer Protection Law is the consideration of the price of the product or service,“commodity price” or“service fee”.In order to compensate the base,there is only one consideration in the general consumption relationship,but there are multiple considerations such as insurance premiums and insurance premiums in the insurance consumption relationship.Then,what is the compensation base for the penalty compensation? The law does not stipulate this.The different considerations for the compensation base will lead to a punitive damages.Therefore,the third problem is to find out the basis of the compensation base for punitive damages.In this article,I want to pass the analysis of China's existing legal system and the reference and reference to foreign advanced legislation.In order to better protect the legitimate rights and interests of insurance consumers,Article 55,paragraph 1,of the Consumer Protection Law.How to stipulate the three-fold punitive damages in the insurance field in China.