Research On The Legal Guarantee Mechanism Of Insurance Consumers’ Right Of Claim

Insurance is the most basic and important means of modern life risk management,and it plays an important role in social and economic life.In recent years,China’s insurance industry has made considerable progress and has gradually become a pivotal industry in China’s financial industry.With the rapid development of China’s insurance industry,insurance companies often delay,cherish or even refuse to pay compensation without reason,which makes the consumer’s right of claim impossible to be realized.As the right of relief when consumers’ rights are lost,the right of claim is the core right of consumers and the ultimate guarantee of other rights of consumers.How to guarantee the realization of the right to claim is an urgent problem to be solved.By combing the existing laws and regulations,policies and normative documents of the CBRC on the protection of the rights and interests of insurance consumers.We can find that there is a certain lag in legal provisions.The rights and interests of insurance consumers should be protected by the Consumer Rights Protection Law,but the law does not provide specific and sufficient provisions.At the same time,there are still some problems,such as the lack of supervision on the solvency of insurance companies,the failure of industry associations to give full play to their mediation role,and the imperfection of dispute resolution,which make the way for insurance consumers to claim for compensation particularly difficult.In view of this,it is necessary to study the legal system of insurance consumers in major developed countries,combine with the current situation of insurance consumers’ claim protection in China,apply the principles of inclined protection,moderate protection and comprehensive protection,and improve the claim protection mechanism for insurance consumers through a series of measures.That is to say,we should further improve laws and regulations,clarify the main position of insurance consumers and the time limit for insurance compensation;improve the supervision system of the financial insurance market,enhance the authority of the main body of the right to make a loss assessment,and strengthen the supervision of the self-discipline organizations of the insurance industry;establish a diversified insurance dispute resolution mechanism,take improving the dispute resolution procedures in insurance institutions as the pre procedure,establish an efficient complaint handling platform,give full play to the efficient advantages of arbitration,establish a public interest litigation or group litigation system,deepen insurance consumer rights and interests protection education,and assign this task to specific subjects for implementation.