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The Insurance Intermediary Supervision Legal Issues Research

Posted on:2014-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:C ChengFull Text:PDF
GTID:2256330401984511Subject:Law
Abstract/Summary:PDF Full Text Request
Insurance intermediary is the product of the insurance industrydevelopment and prosperity of fine division of labor. At the same time,the insurance intermediary plays an irreplaceable role in promoting theinsurance market development, and occupies a unique place in the insurancemarket. Due to the development of the insurance intermediary in China atan early stage, the insurance intermediary itself has many problems. Plusincomplete regulatory system, strengthening the insurance intermediarysupervision especially the legal supervision is more important. If itcan’t implement effective regulation for the behavior of insuranceintermediary, insurance agents can sacrifice the interest of the partiesfor their own self-interest and cannot establish the independentrelationship between the supply and demand sides. So in order to guaranteethe quality of insurance intermediary service, safeguard the interestsof the parties to the insurance and play the unique role of the insuranceintermediary in the insurance market, insurance regulation departmentsmust carry out effective supervision of insurance intermediary businessbehavior.At present, the existing legal system of insurance intermediarysupervision in the regulation of insurance intermediary behavior playsan important role in particular the new insurance law enacted in variousaspects of the provisions of the insurance agents. But these legal systemshave been difficult to meet the status of development of the insuranceagents. There exist more questions. Mainly includes: the existing legalsystem of regulation of the insurance agents exist defects, especiallylack the same as the insurance law the effectiveness level of insurance law and the legal status of insurance agent is not clear. The regulationsregulating the unreasonable agent behavior is not perfect. And relatedinsurance assessor regulatory problems also emerge in endlessly,including the legal status of assessor needs to further improve andpractitioners qualification management system is not perfect as well asliability insurance assessor is not clear. Insurance broker regulationproblem also exists. Business scope mainly includes the insurance broker.Insurance information disclosure is not completely. Long-distanceacquisition of the broker brings regulatory difficulties.The current existing problems of restricting the further developmentof the insurance intermediary influenced the development ofinternationalization of insurance agents, for the realization of theinsurance intermediary obstacle is set by the internationalization,specialization and modernization. According to these specific questions,therefore, related departments must put forward strong measures, set upperfect legal supervision system and make the insurance agent, insuranceassessor, insurance broker in a healthy legal framework to carry outvarious operations. For example related department should set up the sameas the insurance law the effectiveness level of insurance law, insuranceagent and insurance broker and the legal status of insurance assessor.About perfecting countermeasures, related departments should establishthe insurance intermediary stereo regulation pattern so as to strengthenthe comprehensive regulation of insurance agent and promote social allparties involved. It can enhance the transparency of insuranceintermediary industry and improve the credibility of the insuranceintermediary industry. Constant perfecting laws and regulations in ourcountry, the relevant laws for the insurance intermediary supervisionmade more specific provision. Current law has important significance toguide the judicial practice. But the solution of the problems still exists. Only combining with the various problems of the insurance intermediaryto analyzing the legal system can the related department improvecountermeasures and can produce on our country’s legislation, judicialpractice some positive significance.
Keywords/Search Tags:insurance intermediary supervision, insurance agent, insuranceassessor, insurance broker
PDF Full Text Request
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