| With the mutual insurance network informatization,mutual insurance companies will face unprecedented opportunities and challenges,but their regulatory requirements are not yet perfect.Failure to improve the regulatory mechanism will affect the effective construction of mutual insurance company systems and cannot ensure the soundness of the company.Operation,so it is theoretically and practically meaningful to study the mutual insurance company system from the perspective of legal supervision.Although the China Insurance Regulatory Commission issued the "Measures for the Supervision of Mutual Insurance Organizations" in 2015,it does not include relevant provisions of mutual insurance organizations in the "Company Law","Insurance Law" and other legal regulations.Moreover,the "Trial Measures" is used as a regulation and law.The construction of the system is not yet sound,and the legal system of foreign mutual insurance companies is more systematic and complete,and the theoretical research is more mature.For this reason,the author starts from the framework of the mutual insurance company supervision,refers to the relevant foreign research results,combines the reality of our country,conducts research on the legal supervision of our mutual insurance company,and puts forward suggestions for the construction of related systems.This article consists of three parts: introduction,text and conclusion.The introductory part includes the purpose and significance of the study,current research status,research methods and scope of this article.This theory is divided into the following three parts:The first part discusses the regulation of mutual insurance company market access and market withdrawal.By drawing lessons from foreign legislative experience and combining with our country’s legislative practice,we study the conditions that should be available for mutual insurance companies’ market access,and the supervision and system construction of the procedures for market withdrawal.The supervision of market access is based on physical conditions and procedural conditions.It is concluded that entity supervision needs to be further improved in capital or fund systems,the conditions of sponsors and members,and the company’s articles of association.Afterwards,on the basis of the procedural conditions for market access,the feasibility of introducing a margin system in China can be analyzed by referring to foreign systems in order to increase the solvency of mutual insurance companies and to cool overheated capital.The supervision of market withdrawal focuses on the reasons for market withdrawal and withdrawal procedures.Regarding the reason for market withdrawal,mutual insurance companies have their own special reasons for the “transfer of insurance contracts”.China’s relevant legislation should be adjusted to supplement the regulations and further improve the exit.Procedures,China should be issued for mutual insurance companies in line with their particular characteristics of the distribution of the order and distribution methods.The second part discusses the supervision of mutual insurance company governance.Its core content includes supervision of the governance structure of insurance companies,internal governance mechanisms of insurance companies,and information disclosure systems.First of all,it expounds that the mutual insurance company’s governance structure has the defect of low participation of the members,and can improve the company’s governance structure through rational organization and strengthening the supervision of senior management personnel.Secondly,it elaborates that perfecting the company’s internal control system is of great significance to corporate governance,and puts forward sound suggestions for the issue of "insiders control" in the existence of mutual insurance.Finally,the relationship between information disclosure and corporate governance is inseparably linked.They mutually restrict and promote each other,strengthen information disclosure,improve corporate governance transparency to supervise management’s performance of duties,protect the interests of policyholders,and make mutual insurance company management systems.It is necessary to gradually improve.The third part discusses the supervision of mutual insurance companies after they change their organizational forms(namely,mutual insurance companies and mutual insurance companies).The conditions for mutual insurance company conversion are roughly the same.An organizational change plan is formulated and passed through the general meeting.Approval is required from the CIRC.According to the actual situation in China,it is recommended to introduce the system of dissent for the insured,the organization’s change,etc.Protect the interests of policyholders. |
