Research On Construction Of Catastrophe Insurance Legal System In China

Because of their geographical location and unique geographical environment, in terms of natural disasters, our country is the world affected by natural disasters, one of the largest countries.It is no exaggeration to say that we are faced with almost all natural disasters, and great destructive power of natural disasters, which caused the loss of even more shocking. Of particular note is that in recent years some of the great natural disasters to the residents and businesses of life and production caused huge losses. Due to the absence of catastrophe insurance system, the loss of many natural disasters is all deductible range. The insurance payments catastrophic loss ratio of insurance companies to residents and businesses is very low. At present, mainly rely on government relief and social contributions of Chinese-style catastrophe rescue mode revealed deficiencies become more apparent. And to establish and improve China’s catastrophe insurance system has a very prominent place in front of us, our public establishment of a scientific, sound and effective catastrophe insurance system, voice and demands is also growing. This poses a severe test to china’s insurance industry.China began building a socialist market economic system relatively late, the time development of the insurance market is very short, the various insurance laws and regulations are inadequate, the insurance company’s management level is not high, the uneven quality of insurance practitioners, insurance awareness and human rights awareness of the insured is not strong. In recent years, because of potentially fraudulent behavior in the insurance part of the process of insurance companies and employees, the public trust in commercial insurance continue to decline, and even psychological conflict. On the whole, compared with the world insurance industry level, the level of development of China’s insurance market is not high. Faced with catastrophe risk, most people have, " to resign themselves to their fates and the government," the idea. In the field of catastrophe insurance, the insurance company has developed for catastrophe insurance is still in its infancy stage. Insurance companies involved in these areas and the construction of processing power level is not high.In view of the foregoing conditions, this article attempts by foreign catastrophe insurance more mature legal system to analyze and compare, and then to China catastrophe insurance legal system construction proposed some ideas. Around this center, the paper is divided into four parts: Catastrophe theory foundation of insurance for the first part, a detailed analysis of the definition, the definition and nature of catastrophe insurance and other catastrophe. The second part is to some foreign catastrophe insurance can be for us to learn and study the legal system and the norms of logic and history of the status quo to be analyzed. To describe the development of foreign catastrophe insurance legal system.To introduce the current foreign relatively mature earthquake insurance and flood insurance prominently. Earthquake insurance on the legal system, the legal system chosen earthquake insurance in Japan and Taiwan comparative analysis; flood insurance on the legal system, the United Kingdom and the United States were selected flood insurance. Were analyzed and compared in terms of legal background, mode of operation, insurance coverage, the insured way insurance rate. In addition, from the operating mechanism, insurance and risk control three ways, a comprehensive analysis of the similarities and differences between foreign catastrophe insurance legal system. The third section outlines the current development of catastrophe insurance system. Firstly, analyze Challenges and Opportunities of the implementation of China’s legal system catastrophe insurance; Secondly,analyze the characteristics of China’s implementation of the two cities of Shenzhen and Ningbo catastrophe insurance pilot program. The fourth part is the end result of this article, based on the current level of economic development of China, cultural and historical tradition, the specific conditions of the insurance industry and natural disasters, from the legislative system, operational mechanism, risk control of the three major aspects of the country to catastrophe The basic framework of the legal system proposed outline of insurance, expect help build our country catastrophe insurance system.