Research On The Applicability Of Anti-monopoly Law In China’s Insurance Industry

Socialist market economy should follow the law of competition,only effectively maintain the order of market competition,can continuously promote the development of market economy.As a special regulated industry in China,the insurance industry also needs the help of relevant regulatory departments to maintain the basic competition order.In 2008,China promulgated the anti-monopoly law,which played a positive role in regulating competition in the insurance industry.However,in the application process of the anti-monopoly law in the insurance industry,whether the anti-monopoly exemption should be granted to the insurance premium agreement,coinsurance organization agreement,standard policy agreement and other behaviors has become a problem that needs to be solved by the insurance industry supervision department,the industry legislation department and the insurance industry law enforcement department.Therefore,this paper studies the applicability of the anti-monopoly law in the insurance industry.By combining relevant theories and drawing lessons from domestic and foreign anti-monopoly experience in the insurance industry,this paper proposes applicable countermeasures for the anti-monopoly law in China,which are mainly divided into the following parts: chapter one is the introduction,which elaborates the purpose and significance of the topic selection,existing research results and research methods;The second chapter is the theoretical basis,focusing on the relevant concepts and the basis of applying the anti-monopoly law in the insurance industry.Chapter three analyzes the applicability of the anti-monopoly law in the insurance industry,and expounds the relevant provisions of the anti-monopoly law in China,the application of the anti-monopoly law in the insurance industry and the main problems,as well as the exemption behavior of the insurance industry.The fourth chapter introduces the experience of applying the anti-monopoly law in the insurance industry of the United States and the European Union,and summarizes the advanced foreign experience to discuss the enlightenment brought by the foreign experience to the enhancement of the applicability of the anti-monopoly law in the insurance industry.The fifth chapter combines the present the anti-monopoly law of our country’s insurance industry is the main problems existing in the process,in combination with the practical situation of our country and draw lessons from western developed countries,put forward to enhance the applicability of the "anti-monopoly law" in the insurance industry in our country’s relevant countermeasures,from the insurance industry the antitrust laws applicable principles,improve the system of anti-monopoly of the insurance industry and improve the insurance industry antitrust management mechanism to enhance the applicability of the "anti-monopoly law".