The Construction Of The Legal System Of Mutual Insurance Company

In the insurance industry of the world, mutual insurance company is one of the most popular organizations, it's well matched with stock insurance company in strength and number. The legal systems of this organization in foreign counties are systematic and comprehensive, and the theory is quite mature. On the contrary, there is only one mutual insurance company in China. Although the insurance practitioners and theorists generally call for the legal system to support the practice of mutual insurance company, The newly revised "Insurance Law" in 2009 did not provide mutual insurance company yet, The current legislation on mutual insurance companies are still blank. What is indeed a mutual insurance company? Is it necessary to bring it into China? How to construct the legal system of mutual insurance company? This thesis attempts to discuss these issues and make recommendations to the construction of the system. This thesis includes three parts, introduction, main body of the thesis and conclusionThe introduction part expounds the background and significance of this research, the situation of present research, and some research methodologies described of the thesis.The main body of the thesis is divided into three chapters:Chapter one is the overview of the mutual insurance company, study The basic theory of this organization. This part introduces the particularity of mutual insurance company, discuss the advantages and disadvantages, and reviews the history of this kind of organization. Through the analysis of the trend of mutual insurance company, I conclude that Mutual insurance company plays an important role on the initial stage of development of the insurance industry, especially is of special significance for the development of small and medium insurance companies.Chapter two analyzes the need of mutual insurance company in China. Through the analysis of the status and problems of the insurance industry in China, I point out the root of the problems lies in the initial stage and unique path of the development of insurance industry in China. On this basis, I conclude that there is a necessity to introduce mutual insurance company to China. Then, I analyze the feasibility of introduction, according to the status of the practice of mutual insurance and the concerns of scholars.Chapter three is the construction of the legal system of mutual insurance company in China. Learning from the legislative experience foreign countries and considering the legislative practice in our country, I propose to start from establishing the legal status of mutual insurance company, and focal points of construction of the legal system should includes three aspects: standardize the operation the mutual insurance company, protect the rights and interests of members, improve the regulatory system. Through the comparison and analysis of the legal systems of the United States, Japan and Germany, explore the legislative model that adapts to the need of the development of the insurance industry in China.The last part of this paper explored the main arguments of this article and once again pointed out that the main opinion in this article.