Research On Insurance Guaranty Fund Institution

In the area of China's insurance law, insurance guaranty fund institution is newly established and needs to be improved. This institution has a good function of protecting benefit of policy holders and stabilizing the insurance industry. In the instruction of law's basic principles and depending on the research of comparative law, this paper compares the advanced experience of America, Japan, England and China's Taiwan which have better insurance guaranty fund institutions. In addition, this paper analyses current situations and existing problems of China's insurance guaranty fund institution. Finally, it gives some suggestions to perfect the insurance guaranty fund company's management organizational structure and the insurance guaranty fund's collecting and using systems.Excepting introduction and conclusion, this paper is divided into four sections.Chapter one"the legal status of insurance guaranty fund"analyses basic principles, concepts and characters of insurance guaranty fund. Furthermore, it makes research on this institution's significance and moral hazard. Lastly, this chapter discusses legal status of insurance guaranty fund,presents two possibilities——charitable trust and foundation, and then analyses the significance of this legal status.Chapter two"research on comparative law of insurance guaranty fund"respectively analyses historical developments, management organizational structures, collecting systems and using systems of insurance guaranty fund in America, Japan, England and China's Taiwan. Ultimately, this chapter summarizes insurance guaranty fund institution's international experience and analyses the identical and different points of this institution in these countries.Chapter three"China's insurance guaranty fund institution"successively reviews the development history, analyses the environment and introduces current situations of this institution. Insurance guaranty fund corporation, a limited company, is the management organization of this fund. The collecting pattern of this fund adopts fixed premiums. Additionally, there are regulations about the using system of insurance guaranty fund.Chapter four"to perfect China's insurance guaranty fund institution"firstly analyses existing problems of insurance guaranty fund company's organizational structure, fund's collecting and using systems. Secondly, taking the independence and security of fund as target and using the above research results, this chapter concludes some measures and suggestions to perfect insurance guaranty fund institution.