Study On Legal Problems Of Insurance Guaranty Fund Taking Part In The Risk Disposition Over Insurance Companies

With the continuous development of China's insurance market, the risk of the insurance industry is also growing. As the last defense of the insurance industry, the role of the insurance guaranty fund has attracted more attention of the insurance regulator. Although China's insurance guaranty fund system has been basically established, but its development time is relatively short, so there are many problems still need to be solved about the insurance guaranty fund taking part in the risk disposition over insurance companies. Based on the relative laws and regulations of the insurance companies' risk disposition and the insurance guaranty fund system, this paper analysises some legal problems of the insurance guaranty fund taking part in the risk disposition over insurance companies and give some reasonable suggestions. There are four parts in the text of this paper.Part 1 introduces the legal procedures of risk disposition over insurance companies and the insurance guaranty fund system. This part first clarifies the relationships among the risk of insurance companies, risk disposition of insurance companies and the relief of the insurance guaranty fund, and then discusses the characteristics of the legal procedures of risk disposition and the status quo of the insurance guaranty fund system.Part 2 discusses the legal status of the insurance guaranty fund in the legal procedures of risk disposition over insurance companies. The legal procedures of risk disposition can be divided into administrative disposition procedure and insolvency procedure. This part mainly discusses the legal role of the insurance guaranty fund in those two different procedures and the interface problems of those two different procedures.Part 3 discusses the use rules of the insurance guaranty fund. This part first defines the use conditions of the insurance guaranty fund, and then defines three main use ways of the insurance guaranty fund, and then tries to design the procedures for the three main use ways of the insurance guaranty fund, and finally solves the emergency financing problem of the insurance guaranty fund.Part 4 discusses the recovery rules of the insurance guaranty fund after the insurance guaranty fund providing relief for policyholders. About the recovery from the insurance company, this part mainly discusses the distribution order of the insurance guaranty fund's subrogation claims in liquidation procedure. About the recovery from management who has legal responsibility for the insurance company's insolvency, this part mainly discusses the possibility of the management taking civil liability for the insurance guaranty fund as a creditor.