The Legal Regulation Research Of The Insurance Business Agented By Commercial Bank

As a creative financial organization mode for cooperation between banking and insurance, bank insurance is originated from France in 1970s. And after decades of exploration and development, a relatively complete supervision legal system has been established in western European countries. Bank insurance business not only stimulates bank and insurance market of a country, but also benefits realization of finance universalization and economic globalization. In recent years, bank insurance in China is developing rapidly, but it’s still in its infancy with a mode that the commercial bank is authorized to do insurance business at present and there are lots of problems in practical operation, such as vicious competition in charges, misleading sales, commercial bribery and information leakage and so on, which seriously hinders ordinal development of China’s bank insurance market and stability of financial market. So, it’s of great necessity and realistic significance to find out and analyze causes of these problems, propose scientific and reasonable legislation and promote the healthy development of China’s bank insurance.Based on legal relationship between the commercial bank and insurance company and their economic status, most present studies analyze risks that the bank becomes an insurance agent systematically to find out perfect regulations. Focused on commercial banks’ behaviors and taking the process that the bank sells insurance on a commission base as the clue, this paper discusses that it mainly has reputation risk, legal policy risk and agency system risk which is divided into internal and external risks; and there are false propaganda,commercial bribery, information leakage and morality risks in marketing and managing. And based on changes in released articles of regulatory authorities, it also studies problems existing in present legislation and supervision system, moreover in legislation, putting emphasis on analyzing agent quantity, agent quality and the validity of insurance contracts signed by the bank clerk without insurance qualification. By analyzing and learning local successful experience in China, it explores the improvement in legislation of China’s commercial banks’ insurance agency business from the supplement of present regulations,the transformation of present supervision and development of commercial banks’ internal supervision,management and organization modes; and provides legislative suggestions about agency pattern,agency system, and charges.