我国巨灾保险制度立法研究
发布时间：2019-01-10 06:56
【摘要】：灾害问题也是经济问题,联合国资料统计说明,我国是自20世纪以来,继美国、日本之后世界上遭受自然灾害损失特别严重的国家之一。平均每年自然灾害总数在世界最严重灾害总数中就占有七分之一。据资料显示,我国自然灾害近些年每年造成的经济损失都在1,000亿元以上,此外,从巨灾保险补偿角度来说,世界巨灾保险的均赔付率都已超过30%,而我国保险业提供的保险保障和经济补偿只占巨灾造成损失的很小比例,远低于世界平均水平。这些都证明在巨灾损失补偿中我国保险业并没有发挥应有的作用。另一方面,我国目前灾害补偿方式主要是依靠国家财政救济和社会公益救助,一旦发生大的自然灾害,就会使得国家财政开支过多,使财政负担愈加严重和紧张,这就需要保险行业尽快发挥其在风险损失承担中风险管理作用。所以在我国目前的基本国情下,建立巨灾保险制度迫在眉睫。对于构建我国巨灾保险制度,首先必须要通过立法为其提供法律保障,笔者即是从立法研究角度分析巨灾保险制度,先从巨灾保险的基本概念、特征着手,论述巨灾保险是准公共物品,属于政策性保险,再结合我国巨灾保险立法发展及现状,分析我国现阶段巨灾保险立法的必要性和可行性,最后通过对日本、美国及法国等国家巨灾保险法律制度的借鉴,提出在我国实行巨灾保险立法的构想。本文通过比较分析和实证分析的方法,并采取独特的思路,首先对巨灾风险概念进行归纳和界定,再切合我国国情,得出适用的范围应是仅指由自然灾害造成的巨大的损失所引起的风险,接着从建立我国巨灾保险制度的必要性和可行性分析的基础上进行探讨,最后结合国外先进经验,解析我国目前深圳、云南等试点的巨灾保险发展模式,探讨我国巨灾保险法律制度构建的原则、实施的方式、费率的规定、风险的转移、制度的监管、责任的追究等方面,从而在符合我国国情的前提下建立巨灾保险法律制度。
[Abstract]:The disaster problem is also an economic problem. According to the statistics of the United Nations, China has been one of the countries suffering from natural disasters in the world since the 20th century, after the United States and Japan. The average annual total number of natural disasters accounted for 1/7 of the world's worst disasters. According to the data, the economic losses caused by natural disasters in China in recent years have been more than 100 billion yuan. In addition, from the perspective of catastrophe insurance compensation, the average compensation rate of catastrophe insurance in the world has exceeded 30 yuan. However, the insurance security and economic compensation provided by China's insurance industry only account for a very small proportion of the losses caused by catastrophe, which is far below the world average. All these prove that China's insurance industry has not played its due role in catastrophe compensation. On the other hand, at present, the way of disaster compensation in our country mainly depends on the national financial relief and social public welfare relief. Once a major natural disaster occurs, it will make the national financial expenditure excessive and make the financial burden more serious and tense. This requires the insurance industry to play its role in risk management as soon as possible. Therefore, it is urgent to establish catastrophe insurance system under the current basic conditions of our country. In order to construct the catastrophe insurance system of our country, we must first provide the legal protection through legislation. The author analyzes the catastrophe insurance system from the angle of legislative research, starting with the basic concept and characteristics of catastrophe insurance. This paper discusses that catastrophe insurance is a kind of quasi-public goods and belongs to policy insurance. Combining with the development and present situation of catastrophe insurance legislation in China, this paper analyzes the necessity and feasibility of catastrophe insurance legislation in our country at the present stage. Drawing lessons from the legal system of catastrophe insurance in the United States and France, this paper puts forward the conception of implementing catastrophe insurance legislation in our country. In this paper, through comparative analysis and empirical analysis methods, and take a unique thinking, the concept of catastrophe risk is first summarized and defined, and then suited to the situation of our country. It is concluded that the scope of application should only refer to the risk caused by the huge losses caused by natural disasters, and then on the basis of analyzing the necessity and feasibility of establishing the catastrophe insurance system in our country, and finally combining with the advanced experience of foreign countries, This paper analyzes the development model of catastrophe insurance in Shenzhen and Yunnan, and probes into the principles of the construction of the legal system of catastrophe insurance in China, the way of implementation, the regulation of the rate, the transfer of risks, the supervision of the system, the investigation of liability, and so on. In accordance with the premise of China's national conditions, the establishment of catastrophe insurance legal system.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.284
本文编号：2406023
[Abstract]:The disaster problem is also an economic problem. According to the statistics of the United Nations, China has been one of the countries suffering from natural disasters in the world since the 20th century, after the United States and Japan. The average annual total number of natural disasters accounted for 1/7 of the world's worst disasters. According to the data, the economic losses caused by natural disasters in China in recent years have been more than 100 billion yuan. In addition, from the perspective of catastrophe insurance compensation, the average compensation rate of catastrophe insurance in the world has exceeded 30 yuan. However, the insurance security and economic compensation provided by China's insurance industry only account for a very small proportion of the losses caused by catastrophe, which is far below the world average. All these prove that China's insurance industry has not played its due role in catastrophe compensation. On the other hand, at present, the way of disaster compensation in our country mainly depends on the national financial relief and social public welfare relief. Once a major natural disaster occurs, it will make the national financial expenditure excessive and make the financial burden more serious and tense. This requires the insurance industry to play its role in risk management as soon as possible. Therefore, it is urgent to establish catastrophe insurance system under the current basic conditions of our country. In order to construct the catastrophe insurance system of our country, we must first provide the legal protection through legislation. The author analyzes the catastrophe insurance system from the angle of legislative research, starting with the basic concept and characteristics of catastrophe insurance. This paper discusses that catastrophe insurance is a kind of quasi-public goods and belongs to policy insurance. Combining with the development and present situation of catastrophe insurance legislation in China, this paper analyzes the necessity and feasibility of catastrophe insurance legislation in our country at the present stage. Drawing lessons from the legal system of catastrophe insurance in the United States and France, this paper puts forward the conception of implementing catastrophe insurance legislation in our country. In this paper, through comparative analysis and empirical analysis methods, and take a unique thinking, the concept of catastrophe risk is first summarized and defined, and then suited to the situation of our country. It is concluded that the scope of application should only refer to the risk caused by the huge losses caused by natural disasters, and then on the basis of analyzing the necessity and feasibility of establishing the catastrophe insurance system in our country, and finally combining with the advanced experience of foreign countries, This paper analyzes the development model of catastrophe insurance in Shenzhen and Yunnan, and probes into the principles of the construction of the legal system of catastrophe insurance in China, the way of implementation, the regulation of the rate, the transfer of risks, the supervision of the system, the investigation of liability, and so on. In accordance with the premise of China's national conditions, the establishment of catastrophe insurance legal system.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.284
【参考文献】
相关期刊论文 前5条
1 张业成;马宗晋;高庆华;张立海;刘凤民;;中国的巨灾风险与巨灾防范[J];地质力学学报;2006年02期
2 秦建文;黄韵;;论我国巨灾保险模式选择及制度建设[J];区域金融研究;2012年09期
3 李永;;巨灾给我国造成的经济损失与补偿机制研究[J];华北地震科学;2007年01期
4 柴化敏;;国外巨灾保险体系及其对中国的启示[J];经济与管理;2008年06期
5 李学勤;;论我国巨灾保险法的构建[J];经济论坛;2006年02期
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