Study On The Legislation Of The Catastrophe Insurance System In China

The United Nations statistics show that since the 20 th century, our country is in the world after the United States, Japan, one of the countries most affected by natural disasters. 54 times all over the world’s worst natural disaster is 8 times in our country. According to statistics, in recent years our country economic loss caused by natural disasters in 100 billion yuan or more every year. In addition, from the perspective of catastrophe insurance compensation, the catastrophe insurance loss ratio of the average more than 30%, and provide insurance in the insurance industry and economic compensation constitute only a small proportion of the catastrophe losses, far below the world average. This suggests that in the catastrophe loss compensation in the insurance industry has not yet play a proper role. At the same time, all kinds of natural disasters in our country is heavily dependent on the compensation of national finance, make an already tense state finances under great pressure, the social insurance risk loss mechanism in the management of the role of the catastrophe risk is far from. So in the situation of our country current situation, the establishment of catastrophe insurance system is imminent.For the construction of catastrophe insurance system in China, first of all must pass legislation to provide legal protection, the author is from the legislative research perspective catastrophe insurance system, to start from the basic concept and characteristics of catastrophe insurance, quasi-public goods, catastrophe insurance is belong to the policy of insurance, combining catastrophe insurance legislation in our country development and the status, analysis of the necessity and feasibility of legislation of catastrophe insurance at the present stage in China, finally through to the countries such as Japan, the United States and France catastrophe insurance legal system for reference, the idea of catastrophe insurance legislation in our country.In this article, through the comparative analysis and empirical analysis method, and adopt the unique way of thinking, induction and define the concept of catastrophe risk, more relevant to China’s national conditions, it is concluded that the applicable scope should be only refers to the huge losses caused by natural disasters caused by the risk, and then from establishing the catastrophe insurance system in China based on the analysis of the necessity and feasibility of establish catastrophe insurance legal system in China, the necessity and feasibility of the combined with foreign advanced experience, analysis our country at present, Shenzhen, Yunnan province, catastrophe insurance pilot development model, discusses the principle of catastrophe insurance legal system construction in our country, the implementation of the provisions of the way, the rate, the transfer of risk, the system of supervision, the responsibility shall be investigated for, etc., and then establish the catastrophe insurance legal system.