Research On The Legal Issues Of Insurance Guarantee Fund Participating In Risk Disposal

In the past 40 years since reform and opening up,China's economic and social development has been developing rapidly.In the aspect of insurance industry,whether it is the premium income,the scale of insurance assets,the density of insurance or the depth of insurance in China,there are different degrees of growth and improvement.Now China Insurance Regulatory Commission and China Banking Regulatory Commission have been merged and established,which also shows that the regulatory system of China's financial industry is changing,from the original separate business model to the mixed business model.In this context,China's insurance industry has not only entered the era of rapid development,but also the risks and pressures facing the insurance industry are constantly improving and changing.So,In the process of risk disposal of insurance companies,the role of insurance guarantee fund,which is called "the last line of defense",is more important and can not be ignored.In this context,China's insurance industry has entered the era of rapid development.The continuous improvement of insurance industry risk highlights the role of insurance security fund can not be ignored.It has been 12 years since the new"insurance guarantee fund management method" was issued in 2008.It is gradually unable to cope with the risks brought by the continuous development of the insurance industry and the continuous change of financial supervision mode.Therefore,the relevant system of insurance guarantee fund must be adjusted.This paper will focus on how to participate in the risk disposal of insurance companies in the face of new situation and new background.Starting from practical cases,it will clarify the relevant basic system and positioning of insurance guarantee fund,analyze the relevant problems encountered in the participation of insurance guarantee fund in the risk disposal in the new background,and put forward the legal issues suitable for the development of China's insurance industry Comments and suggestions.This paper is divided into four parts,as follows:The first part mainly summarizes the system of insurance guarantee fund in our country.At the same time,through combing and analyzing the practical cases of insurance guarantee fund participating in risk disposal in our country,it summarizes the deficiencies and irrationalities of the practice in our country.The second part mainly analyzes the current situation of China's insurance guarantee fund system,including the purpose of insurance guarantee fund and whether there are differences in practice,what are the causes of the differences,then summarizes and analyzes the legal position,nature position and function position of China's insurance guarantee fund,and then analyzes the related issues of insurance guarantee fund's intervention in risk disposal This paper mainly analyzes the problems of early intervention,and finally analyzes and proves the relief methods of insurance security fund in China.The third part mainly studies the insurance guarantee fund in the system in extraterritorial,which is divided into two categories: the civil law system and the common law system.It analyzes the insurance guarantee fund system in the United States,Britain,Japan and Taiwan,finds out the common points and their differences,and establishes a perfect insurance guarantee fund legal system for China To provide reference.In the fourth part,on the basis of the analysis and research in the early stage,theauthor puts forward the institutional legal suggestions on the external legal environment and internal operation system of the insurance guarantee fund in China,and puts forward to improve the market withdrawal mechanism of the insurance companies in China,reshape the legal position of the insurance guarantee fund,refine the payment standards,establish the claim system of the insurance guarantee fund and the insurance guarantee base Suggestions are put forward on the adjustment of the operation specifications of the gold company and the refinement of the risk disposal methods.