Research On Legal Regulation Of Restricting Competition By Insurance Industry Association

As the main body of the middle layer of society,the trade association is the progress of the times and the vivid embodiment of the democratic society.Relative to the traditional "government" and "market" such dual social subjects,in maintaining the common interests of the industry and competition order,supervision of the quality of products and services in the industry plays an important role.As the representative of the interests of the industry,the insurance industry association is increasingly important to safeguard the legitimate rights and interests of the insurance parties,strengthen the self-discipline of the insurance industry,and standardize the behavior of the member market to promote the healthy development of the insurance market.However,in recent years,many insurance industry associations have appeared in the market to restrict competition behavior,which has destroyed the order of competition in the insurance market,damaged the legitimate rights and interests of consumers,aroused the high attention of the people and relevant scholars,and needed strict regulation according to law.Although China has issued the Anti-monopoly Law and other relevant laws and regulations,but the regulation is not complete.Therefore,the study of the legal regulation of the insurance industry association to restrict the competition behavior is helpful to guide the insurance industry association to develop healthily and promote the prosperity of the insurance industry to the extent permitted by the law.In addition to the introduction and conclusion,this paper is divided into four parts.The first part,from the definition of restricted competition behavior of insurance industry association,analyzes and combs the meaning,characteristics and several typical manifestations of restricted competition behavior of insurance industry association,the differences between insurance industry associations and other types of trade associations are analyzed,and the duality,concealment and obvious anti-competitive tendency of insurance industry associations to implement restricted competition behavior are summarized.In the second part,the paper analyzes the legal regulation of restricted competition behavior of insurance trade associations in the United States,the European Union and Taiwan of China.The third part combs the current situation of the legal regulation of the insurance trade association in combination with the relevant current legislation,and concludes that the insurance industry association has four problems: lack of restriction of duty and authority,different applicable standards for determining illegality,too general and rough form of responsibility,and regulatory approach is too single.The fourth part,aiming at the current situation of the legal regulation of the restricted competition behavior of the insurance trade association in our country and the further improvement in the process of regulation,puts forward some suggestions to regulate the behavior of the insurance industry association by appropriately restricting the authority of the insurance industry association,perfecting the legal norm system applicable to the insurance industry association,perfecting the liability form of the legal regulation of the insurance industry association and establishing the diversified supervision mechanism.