Competition Law Of The Insurance Industry

Insurance industry plays an important role in national economy, It has functions of stabilizing society and developing economy. For a very long period, the insurance market in China has been monopolized by oligarchs and the market competitiveness of the insurance market has been universally low. With China's entry to WTO, insurance industry has become the first department open to foreign capital in the finance industry of China. A huge number of foreign capital magnates will be seen in the insurance market of China and this poses a grave threat to the insurance enterprises of China. In view of this, it has been of great urgency to establish the competition law system in insurance industry, to perfect the insurance competition order, and to maintain a healthy development of national insurance industry.Based on the analysis of the application of insurance law theories to insurance industry, and the present situation of the insurance industry in China, this thesis has employed the comparison method and made the following suggestions to the improvement and perfection of the competition law of the insurance industry in China: Firstly, China should, based on the future Antimonopoly Law, authorizes the Insurance Supervision Commission under the State Council to work out the Rules for the Implementation of Antimonopoly Law in Insurance Industry, so as to contribute much to the prevention of any monopoly (including administrative monopoly) in insurance industry. Secondly, any unfair competition in insurance industry should be put on the right track by the governmental body of industry and commerce administration and the Insurance Supervision Commission under the State Council in accordance with Anti-unfair Competition Law and Insurance Law. Thirdly, establish the system of exception of application of the antimonopoly law in the insurance industry of China by making reference to related experience of some countries, together with the present situation of China. Lastly, improve the system of competition law executive administration in insurance industry. Establish the cooperation mechanism with power shared between the competent organs for antimonopoly and insurance supervision organs, so as to make joint efforts to put insurance industry on the right track by means of the antimonopoly law; give full scope to People's Courts in antimonopoly lawsuits in insurance industry.