Analysis Of The Insurance Agency Contract Case Which Between Of An Branch Of Chinese Insurance Company And Mr Du Etc

China’s insurance industry more than 20 years between the development of more than three million employees in insurance sales and insurance company, has been mixed with the agency relationship with labor relations, their legal status uncertain for a long time. Generally the relevant state departments depending on the evidence of the parties the material circumstances, finds its labor relations with the insurance company or agency relationship. This year the Fourth Amendment "Insurance Law",the abolition of the mandatory requirements including personal insurance agent,including all insurance sales qualified employees, only aspects of its conduct and professional capacity a general provision. This means that the legal relationship between the insurance sales professionals and insurance companies, will be completely independent in the hands of the relevant parties, decide. However, it will be possible for them to be formed between two competing legal relationship, conflicts occur, namely the coexistence of domestic law system in the legal conflict. In this regard, the department of justice, legislation is also not given sufficient attention.By the fact that spans nearly two decades of Mr Du etc and an insurance branch of the China Insurance agency contract exposition and analysis of the case, from the case of the actual situation and each party perspective, summed up the case the focus of controversy, that is, first confirm legal relationship between plaintiff and defendant;followed by the plaintiffs could claim the insurance fee; the third is the application of the plaintiff demands of aging and so on. This mainly through insurance sales between practitioners and insurers were established labor relations or personal insurance agency relationship start with, and then discusses the analysis of the completion of these two different, independent legal characteristics of legal relations. Obtain employment relationship with private insurance agency relationship between the same parties is not co-exist, and thus draw when the two competing domestic legal relationship coexist, it will produce domestic law of conflict of laws. In this regard,China’s judicial departments should not apply the law "law does not prohibit or free" principle applies two or more legal relationship, and should apply the basic principles of law, "public order and morals", fairness, choose one of the legal norms applicable domestic laws to address this legal conflict.