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合理地界定保险监管机构的角色是保险公司强制退出制度设计的一项重要内容。本文运用国家干预理论分析了保险监管机构对保险公司的行政干预职责,概括了它相对于法院的若干优势,提出保险监管机构主要从履行职责、发挥优势的角度介入强制退出。在此基础上,本文主要运用比较的方法对保险监管机构在市场退出启动阶段、实施重整措施阶段、公司清算程序和破产程序中的具体角色进行了研究分析,对我国相关立法的完善提出了建议。
Reasonably defining the role of insurance regulatory agencies is an important part of the system of mandatory withdrawal of insurance companies. This article analyzes the administrative intervention of insurance regulatory agencies against insurance companies by using the theory of state intervention, sums up some of its advantages relative to the courts, and proposes that the insurance regulatory agencies should intervene forced exit from the perspective of performing their duties and giving full play to their advantages. On this basis, this paper mainly uses the comparative method to conduct a research and analysis of the insurance regulatory agencies in the stage of market exit start-up, the stage of implementation of the reorganization measures, the company’s liquidation process and the specific role in bankruptcy proceedings, put forward the improvement of relevant legislation in our country Suggest.